Apple Sues Over iGasm Ads 342
funkeymonkeyman writes "Apple is less than pleased with an interesting new peripheral for the iPod which promises to 'take your appreciation of music to a whole new level.' Legal action has been taken against Ann Summers, the manufacturers of the new device, specifically for the similarity of the iGasm advertisements to the iconic iPod silhouette ads. The CEO of the adult retail chain replied to the threat cheerily, 'Perhaps I can send them an iGasm to put a smile back on their faces.'"
No bad publicity (Score:5, Interesting)
Anybody here try it? (Score:4, Interesting)
Can you spell "commercial speech"? (Score:3, Interesting)
Re:duh (Score:3, Interesting)
Re:I don't know about you (Score:3, Interesting)
She called the thing an "iGasm"! If you don't see the parody there, consider yourself officially humor-impaired.
If she is taking Apple's "sillhouette ads" and copying them to advertise her "device", it is copyright infringement, pure and simple.
True. But she didn't just take Apple's ads and copy them - She took the style of Apple's ads (remember Apple losing that suit 15 years ago to Microsoft?) and parodied it, albeit for the purpose of promoting her own product.
Comment removed (Score:5, Interesting)
Re:I don't know about you (Score:3, Interesting)
Last time I was in NYC, I stayed in the 'Pod Hotel' (which I'd recommend to someone looking for a cheap place to stay). They had silhouette people dancing on screens in the foyer, and seemed to be using the iPod association to strengthen their brand a lot.
Re:I don't know about you (Score:2, Interesting)
Unless the iGasm ads are traces or otherwise exactly like the iPod ads, then I think it's fairly clear that the ad isn't "copied" (not a copyright infringement) and is either use of a trademark to indicate compatibility or a product being sold in an entirely different field from iPods and therefore not confusing (not a trademark infringement).
Re:TM details FWIW (Score:3, Interesting)
Re:I don't know about you (Score:1, Interesting)
I think I agree with you. I someone copied the Geico Gecko, that would be trademark violation and/or copyright infringement. But if someone has a cute little talking animal advertising their low-price insurance, that isn't. This is the second case, not the first.