Apple Forces Their Hand
Posted November 1, 2007 at 1:18pm by iClarified
Apple has forced their hand on the iPhone Trademark and ordered ModMyiPhone to change their name. The site now known as ModMyiFone has posted the following entry on their legal dispute with Apple.
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Today we received a letter from the friendly legal team of Townsend and Townsend and Crew; Apple Inc.'s legal representatives.
I'll just give you the summary:
* Apple owns, through its Ocean Telecom affiliate numerous U.S. and international filings for the iPhone trademark U.S. Ser. No. 77/007,808.
* Since the services we offer here on MMi are directly related to Apple's iPhone, Apple Inc. believes that ModMyiPhone will inevitably confuse consumers into believing we are associated with Apple Inc., therefore infringing on Apple's Trademark rights.
* Apple is concerned that ModMyiPhone also dilutes and tarnishes the distinctive quality of Apple's famous iPhone mark.
* We are not allowed to use the Apple registered Apple Design Logo No. 2,715,578 that is displayed on our links to several "iPhone Topsites," which are unauthorized third party websites.
* Apple assumes that it is not our intent to create customer confusion. they are correct we are not trying to confuse people
* Apple asks that we abandon the use of all domain names that have iPhone in them on this website and to agree not to use ModMyiPhone or any other mark, name, domain name, logo, tagline, slogan, or anything else that contains iPhone for goods and services related to or competitive with Apple's iPhone or dilutive to Apple's trademark rights.
* Apple further requests that all use of its product photographs and the Apple Design Logo immediately and permanently cease.
Because of this letter ModMyiPhone.com will henceforth become ModMyiFone.com. Also the iPhone Topsites links on the left of the site will be remove since they contain the Apple Design Logo (although that is not controlled by us).
We will remain open and continue providing users with the same free services that we currently offer.
The current addresses to different pages on this site will remain the same except the ph will become a f. For example http://modmyiphone.com/forums/ will become http://modmyifone.com/forums/ and so forth.
During our move users may experience short site outages but don't worry, we are not going anywhere and hope you will continue your support of this site under it's new name, ModMyiFone.
Thank you for your time and support,
Cody Overcash, Kyle Matthews, and the rest of the ModMyiFone team.
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Today we received a letter from the friendly legal team of Townsend and Townsend and Crew; Apple Inc.'s legal representatives.
I'll just give you the summary:
* Apple owns, through its Ocean Telecom affiliate numerous U.S. and international filings for the iPhone trademark U.S. Ser. No. 77/007,808.
* Since the services we offer here on MMi are directly related to Apple's iPhone, Apple Inc. believes that ModMyiPhone will inevitably confuse consumers into believing we are associated with Apple Inc., therefore infringing on Apple's Trademark rights.
* Apple is concerned that ModMyiPhone also dilutes and tarnishes the distinctive quality of Apple's famous iPhone mark.
* We are not allowed to use the Apple registered Apple Design Logo No. 2,715,578 that is displayed on our links to several "iPhone Topsites," which are unauthorized third party websites.
* Apple assumes that it is not our intent to create customer confusion. they are correct we are not trying to confuse people
* Apple asks that we abandon the use of all domain names that have iPhone in them on this website and to agree not to use ModMyiPhone or any other mark, name, domain name, logo, tagline, slogan, or anything else that contains iPhone for goods and services related to or competitive with Apple's iPhone or dilutive to Apple's trademark rights.
* Apple further requests that all use of its product photographs and the Apple Design Logo immediately and permanently cease.
Because of this letter ModMyiPhone.com will henceforth become ModMyiFone.com. Also the iPhone Topsites links on the left of the site will be remove since they contain the Apple Design Logo (although that is not controlled by us).
We will remain open and continue providing users with the same free services that we currently offer.
The current addresses to different pages on this site will remain the same except the ph will become a f. For example http://modmyiphone.com/forums/ will become http://modmyifone.com/forums/ and so forth.
During our move users may experience short site outages but don't worry, we are not going anywhere and hope you will continue your support of this site under it's new name, ModMyiFone.
Thank you for your time and support,
Cody Overcash, Kyle Matthews, and the rest of the ModMyiFone team.
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