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Apple Attempting to Claim Trademark on "Podcast"

September 25, 2006

Apple has struck again! In their attempt to claim ownership of all things “pod,” they have added the term “podcast” to their hitlist of “claimed” ownership rights.

Apple recently served Podcast Ready, Inc with a “cease and desist" letter claiming that the corporate name "Podcast Ready" and the company’s software, myPodder, infringe upon Apple's trademarks. The myPodder software allows users to manage and download podcasts to their MP3 products, but does not sell music like the iTunes store and should pose no confusion to consumers as Apple claims. Ironically, within days of this cease and deceased letter from Apple, myPodder only just started to actually support the iPod product.

It’s understandable that a company is required to aggressively defend trademarks in order to retain them, but Apple is clearly over stepping their boundaries and are attacking the very lingo and subculture they helped prepetuate with the iPod product.

Officially, the trademark actually held by Apple is only for the term “iPod” and not “pod” in general. As well, the trademark office considers “podcast” a generic term, so it would appear Apple’s claim might not hold water.

The term “podcast” has been a source of confusion for many users, as they often think it is an iPod specific technology. Many have desired for a more general and universal term be applied to this technology and this could be the push to help speed up adoption, whatever the term may be.

 

 

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