Podcast War With Apple? Let’s Wait

September 25, 2006

As many of you already know, Apple has sent out cease and desist letters to a couple of websites, claiming misuse of the word “pod”. These sites are “Podcast Ready” and “myPodder”. I’ve went on the record saying that this move by Apple is a mistake and they should quit alienating the podcast community. After reading a bit more about it, I’m going to take a step back and observe for a while. Why? Well, trademark law (I’m referring to Apple’s trademark on “iPod”) is weird. That’s the only word I can think of. You are required by law (like Digg was a few weeks ago) to try to protect your trademark. If you don’t try, you could lose your trademark.

So what does “Podcast Ready” and “myPodder” have to do with the “iPod” trademark? “Podcast Ready” could be confused with Apple’s “Made for iPod” slogan and “myPodder” sounds a little like “iPodder”. Stretching it? You know it. I believe trademark law requires one to actually consider “stretches” such as this. My decision to take a step back is because I now believe Apple is simply following trademark law rules.

I’m waiting to see what they do next. I got caught up in the moment without having all the information and jumped to conclusions that Apple legal had lost their minds. (Well they have, but that’s a different rant) I think everyone should follow the same action, take a step back, and observe. Bwana.org Radio is still a podcast as far as I’m concerned Not a “netcast” or “blogcast” or whatever.