Please support our Tech Talk advertiser: Programming Forums
Jun 28th, 2008, 7:40 am
According to AppleInsider Nicholas Woodhams, an Apple iPod repair shop owner from Michigan, has found himself at the wrong end of the Apple legal machine.
Apple has apparently filed a lawsuit which claims misuse of the iPod trademark.
Actually, that is not all Apple claims. The iPod owning giant also accuses Woodhams of allegedly 'manipulating' Apple in order to get free replacement iPods. If that were not enough, the triple whammy is completed by another allegation of conning Apple into repairing iPods which were out of warranty.
However, where Woodhams is probably on the most dodgy of legal grounds is with regard to that trademark misuse charge. Buried within a nine page lawsuit, Apple says that the repair guy was asked to stop using the iPod name way back in 2006 as he had never been given permission to use it in the first place.
Apple say that he agreed to a deal in which he would phase the use of 'ipodmechanic' out by January last year, an stop using the web domain a coupe of months later.
Although Apple say none of these things happened, I note that the ipodmechanic.com URL is now resolved to imechanic.com instead. That said, the resulting webpage has an iPod Mechanic banner and the phrase is repeated throughout the site. So I guess they have a point.
While neither Apple nor the ipodmechanic seem to be saying anything in public about the lawsuit at this point, Apple does see the accusations as being deliberate and is asking for 'triple damages' as well as the disposal of that ipodmechanic domain and name usage.
Apple has apparently filed a lawsuit which claims misuse of the iPod trademark.
Actually, that is not all Apple claims. The iPod owning giant also accuses Woodhams of allegedly 'manipulating' Apple in order to get free replacement iPods. If that were not enough, the triple whammy is completed by another allegation of conning Apple into repairing iPods which were out of warranty.
However, where Woodhams is probably on the most dodgy of legal grounds is with regard to that trademark misuse charge. Buried within a nine page lawsuit, Apple says that the repair guy was asked to stop using the iPod name way back in 2006 as he had never been given permission to use it in the first place.
Apple say that he agreed to a deal in which he would phase the use of 'ipodmechanic' out by January last year, an stop using the web domain a coupe of months later.
Although Apple say none of these things happened, I note that the ipodmechanic.com URL is now resolved to imechanic.com instead. That said, the resulting webpage has an iPod Mechanic banner and the phrase is repeated throughout the site. So I guess they have a point.
While neither Apple nor the ipodmechanic seem to be saying anything in public about the lawsuit at this point, Apple does see the accusations as being deliberate and is asking for 'triple damages' as well as the disposal of that ipodmechanic domain and name usage.
This blog entry was written by Davey Winder, staff writer aka happygeek. It has received 1,230 views, 1 comment, and 25 linkbacks. 1 voter has rated this entry 5 out of 5 stars. It was promoted to featured status Jun 28th, 2008.
•
•
•
•
advertising apple botnet business copyright crime data development email facebook firefox games gaming google hacking hardware ibm internet iphone ipod itunes law legal linux mac malware microsoft mobile mozilla mp3 music news phone privacy research search security software sony spam survey technology trojan uk video vista web windows yahoo youtube
All Recent Tags Comments (Newest First)
Techwriter10 | Staff Writer | Jun 29th, 2008
•
•
•
•
Apple may have a point, but they are way over the top here. This is a small business person after all. He may have taken liberties with the iPod name, but one side is a mega corporation and the other is an average joe trying to make a living. Triple damages seems a bit much.
Post Comment
•
•
•
•
Only community members can start a blog or comment on blog entries. You must register or log in to contribute.
•
•
•
•
•
•
•
•
DaniWeb Tech Talk Marketplace
Related Blog Entries
- No more crazy satnav directions? (46 Minutes Ago)
- Who Really Rules The World? (13 Hours Ago)
- Fat spotty losers with no friends feel Internet teen heat (2 Days Ago)
- Apple iTunes Store Closing Bluff Works (2 Days Ago)
- Elvis cloned! (3 Days Ago)
- Moles attack data (3 Days Ago)
- The six million dollar World of Warcraft bot (4 Days Ago)
- Life on Mars? No, but it is snowing... (5 Days Ago)
- No iTunes required for 2.1 billion mobile music downloads (6 Days Ago)
- States Begin Requiring Encryption of Personal Data (7 Days Ago)
Featured Entry