In Writing: “Apple Does Not Licence the Term “Podcast”"
As regular readers and listeners would be aware in early October this podcast paid Apple the sum of $1 AU for the use of the term "podcast". That was nearly 2 months ago. It would seem that the wheels at Apple turn slowly but I have received a response from them yesterday.
I originally sent the letter and cheque to Steven Jobs. He must have taken one look at it and decided that he was not in a position to comment. The letter and attached cheque were forwarded to the Apple Trademark Department.
Podcasters relax, I now have it in writing from Apple that they do not licence the term "podcast". While I realize that this has been said before and that this is somewhat old news, I am not aware of it being put in writing by Apple before. It has also been signed in ink by human hand. No rubber stamps here! It is official.
Click the image for the full sized version on our Flickr Page:
[my personal details have been removed from this scan of the letter]
I was amazed to learn that some people believed that the original post was a publicity stunt and that I really did not send anything. This was no stunt and yes, I really did send Jobsey a letter and a buck! Further this is a genuine return letter from Apple.
I really did not expect a response of any description so I was surprised that I received a letter from them. I was even more surprised to have my cheque sent back and original letter.
Next the world…
November 29th, 2006 at 9:36 pm
[...] (link to the full story) [...]
November 29th, 2006 at 11:36 pm
[...] Go and check out the full story and the original article. Given the news at the time it was fairly amusing. We are still laughing about it. While you are there check out the latest show for The Global Geek Podcast, it was a blast. Knightwise had way too much coffee, he is still making apologies. [...]
November 30th, 2006 at 1:38 am
The whole Podcast trademark thing was misreported back then.
Apple never asked anyone not to use “Podcast”. Apple asked the company not to use “mypodder” which may cause confusion with iPod/Pod trademarks.
http://blog.wired.com/music/2006/09/apples_letter_t.html?entry_id=1562695
“…Apple, of course, has no general objection to proper use of the descriptive term ‘podcast’ as part of a trademark for goods and services offered in the podcasting field, it cannot allow marks that go beyond this legitimate use and infringe on Apple’s rights in POD and IPOD.”
November 30th, 2006 at 3:08 am
[...] Confirmed, Apple does not claim the term podcast. [...]
November 30th, 2006 at 4:30 am
I sure hope you frame this letter. I’m amazed you got this back. It’s classic!
Keep up the good fight.
November 30th, 2006 at 5:00 am
[...] A while back podcast industry people started spreading the rumor that Apple was going to sue everyone who used “podcast” in their company name. The rumor was refuted fairly quickly (after all, it’s impossible to claim the rights to a popularized term), without much word from Apple themselves. Interestingly enough this podcaster recently went to the trouble to license the podcast name from Apple, and after a fair amount of time Apple said they laid no claim to the podcast name. Maybe Apple thinks podcasting has come and gone, or realized it wasn’t worth the time and energy of their high-priced hawkish lawyers, or maybe Apple is smart enough to realize the PR backlash from the podcasting community, probably a significany cross-section of are/were early adopters of Apple products. Maybe? [...]
November 30th, 2006 at 7:01 am
[...] Hey Leo! Leo Laporte! Are you paying attention to this? [...]
November 30th, 2006 at 9:49 am
[...] Unfortunately, the letter that revealed this, written to podcaster Dave Gray at The Global Geek Podcast website, is very vague as to whether Apple will seek further litigation. Apple notes that they don’t license the term, and I’ve taken this to mean that they don’t license the term as in licensing of a song to a filmmaker - they do not charge people for use of it, however its vague as to whether this is only for uses that they consider proper (”accurately refer to podcasting services”). [...]
November 30th, 2006 at 6:40 pm
[...] The Global Geek podcast wrote a check to Steve Jobs for $1 AU to license the term “podcast”. Two months later the Apple Trademark Department returned the check along with a letter that states “Apple does not object to third party usage of the generic term ‘podcast’…”. [...]
December 1st, 2006 at 12:04 am
[...] The Global Geek Podcast » In Writing: “Apple Does Not Licence the Term “Podcast”” [...]
December 1st, 2006 at 12:48 am
[...] A letter received by The Global Geek Podcast confirms what many suspected: the rumors of Apple trademarking “podcast” were overblown. [...]
December 1st, 2006 at 4:45 am
[...] Read the full story on the Global Geek Podcast. [...]
December 1st, 2006 at 4:48 am
[...] TPN :: The Global Geek Podcast » In Writing: “Apple Does Not Licence the Term “Podcast”” Apple actually puts in writing that they don’t own “podcast” (tags: podcast TPN apple) [...]
December 1st, 2006 at 9:08 pm
[...] It’s official. Apple officially does not object to third-party use of the (presumably lower-case) term podcast, as Dave Gray at The Global Geek Podcast learned by good old-fashioned snail mail printed on company letterhead. [...]
December 2nd, 2006 at 3:23 am
Apple and the word…
But if you are a company who is trying to protect a brand or service that has the word “pod” in it, then they do object citing a common law right to all things pod….
December 2nd, 2006 at 7:15 am
[...] [1] Frank PR has registered as a trademark a word commonly used in relation to the ability of a message to generate “talk” - they didn’t create this word, but decided to take it “legally” for themselves. I find this bizarre when we are talking about open communications - why should people “own” words? Despite the popular rumour - even Apple doesn’t license the word “podcast” and apparently the US Patent & Trademark Office will not register it. [...]
December 4th, 2006 at 7:21 am
[...] « In Writing: “Apple Does Not Licence the Term “Podcast”” [...]
December 6th, 2006 at 3:10 am
[...] According to the GlobalGeek Podcast, Apple Computer apparently doesn’t object to use of the term “podcast” if it’s used to generically describe podcasting services. At first blush, this might be interpreted as a bit of a departure from Apple’s recently aggressive stance in terms of all things “POD” and “IPOD”. On the other hand, Apple may just be differentiating between generic use of the term podcast and use of that term as part of a third party trade-mark. [...]
December 13th, 2006 at 9:27 am
[...] Apple Legal came sneaking up behind Larry and Douglas this past week, but hey, it’s a good thing! So Douglas says, at least. But a recent Apple Legal statement said that Apple isn’t tightening its grip on podcasters at all…maybe someone should poke Leo Laporte. James Kim and family got lost in the middle of freezing Oregon, and although James’ family made it, he didn’t. Our deepest sympathies go to their family and friends. And, Douglas’ latest app pick for decorating your Mac for the holidays…MacLampsX. Finally, we get to hear from Adam all about the MacCast…it’s origins, it’s philosophies, and it’s financial situation. Hey, hosting a popular podcast isn’t cheap! And, Adam shares a review he’s working on for the MacCast website with us BEFORE it goes live on there! I guess the “Preview” in PreviewCast had to have some meaning… And, don’t forget to see Santa go doo-wop in his White Christmas. [...]