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ModMyiPhone gets 'cease & desist' from Apple

updated 12:20 pm EDT, Thu November 1, 2007

ModMyiPhone name change

ModMyiFone.com, formerly ModMyiPhone.com, this week announced a change in its name and website URL, due to legal pressure from Apple. Although the summary posted in its forums indicate that Apple does not believe ModMyiFone.com is intentionally trying to confuse anyone by using the term iPhone in its name, Apple is still requiring the site to comply with its demands so that customers are not under the impression that ModMyiFone.com is affiliated with the electronics manufacturer.

The dispute revolves mainly around the usage of the term "iPhone", but Townsend and Townsend and Crew – Apple's legal representatives – claim that the enthusiast site must "cease and desist" from using any product photography or intellectual property related to Apple Inc., including its famous logo. Also, the site is required to take away its "iPhone Topsites" section, despite the content being beyond ModMyiFone.com's control, since many of the links contained Apple logos or other forbidden items.

Apple is notoriously protective of its brands and intellectual properties, having previously gone so far as to trademark the word "pod". The company is not shy about confronting entities with such disputes, even when dealing with local, unincorporated businesses.

 
Previous Comments

legal bullies

11/01, 12:49pm reply

I think they are taking this a little too far, just my $0.02

climacs

Fresh-Faced Recruit

Joined: Sep 2001

0

total bullshit

11/01, 01:16pm reply

Fair Use baby, just like BESTBUYSUCKS.com.

Eriamjh

Addicted to MacNN

Joined: Oct 2001

0

re: total BS

11/01, 01:37pm reply

sadly, the ability to harass the little guy with the threat of expen$!ve litigation by hordes of well-paid corporate attorneys can trump fair use.

climacs

Fresh-Faced Recruit

Joined: Sep 2001

0

Transition...

11/01, 03:55pm reply

Steve Jobs is behaving less and less like a liberal advocate for "the rest of us" and more and more like a troll sitting on his horde of gold. The site in question isn't damaging Apple in any significant way. Jobs and his lawyers are harassing them out of spite and greed. Strange how a few billion dollars can turn a man from a principled liberal into a greedy conservative. (And don't pester me about his liberal friendships and crumbs-to-the-masses donations, all they do iis highlight hypocrisy; action speak far louder than words.)

TheSnarkmeister

Fresh-Faced Recruit

Joined: Jun 2007

0

Protecting trademark

11/01, 04:14pm reply

You have to show that you are protecting your trademark or you will lose it. If Apple allows this, and later someone tries to use i-Phone.com or AppleiPhone.com, then they can claim Apple is ok with letting people use their trademark, and cite this as an example.

hayesk

Professional Poster

Joined: Sep 1999

0

Partially right...

11/01, 07:17pm reply

The defending trademark is only partially true. It mostly applies only in cases where there isn't a shipping product and there is a pattern of abandonment. That isn't the case with Apple, never has been.

TheSnarkmeister

Fresh-Faced Recruit

Joined: Jun 2007

0

I would have...

11/02, 10:22am reply

called it ModMiPhone.com

as in 'Mod Mi Phone'

yeah - that still might get Apple's panties in a bunch tho_

UberFu

Fresh-Faced Recruit

Joined: Oct 2002

0

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