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  • Apple Forces Their Hand on iPhone Trademark. We are changing domains.
    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 ModMyI will inevitably confuse consumers into believing we are associated with Apple Inc., therefore infringing on Apple's Trademark rights.
    • Apple is concerned that ModMyI 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 ModMyI 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 ModMyI.com will henceforth become ModMyI.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://modmyi.com/forums/ will become http://modmyi.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, ModMyI.

    Thank you for your time and support,
    Cody Overcash, Kyle Matthews, and the rest of the ModMyI team.
    This article was originally published in forum thread: Apple Forces Their Hand on iPhone Trademark. We are changing domains. started by Cody Overcash View original post
    Comments 228 Comments
    1. panthar's Avatar
      panthar -
      Trademark != complete control over anyone using the word "iphone". This site is clearly not pretending to be associated with Apple, and there can hardly be any potential for confusion regarding that. So, "modmyi" is perfectly legal under "real" trademark law. But, unless the people that run this site are billionaires or can get enough donations to get lawyers with brains, not much they can do besides go along with the request.
      I'd much rather see this resource stay around than go away trying to show how trademark law is being abused. That battle is being fought in places with much more money to spend on lawyers, and actually seems to be slowly improving to return to the real point of trademark law.
      So, may Apple's lawyers find worms in their apples for lunch today, and I'm glad this site is sticking around!
    1. soulthoughts's Avatar
      soulthoughts -
      I'll go against the grain like a few others did here and say, 'What's the big deal?' Apple has a trademark/patent/whatever and they are enforcing their legal right. Does this in any way affect the site? No. Someone mentioned the content is what makes the site. I agree. I don't come here for the cool URL.

      I know cash, PF and all the other people on the team aren't stupid enough to fight a losing battle. They know the focus should be on the content. I still like Apple. I still like their products more and more as I'm slowing converting from a Windows guy.

      As long as there's a redirect I don't have to do a damn thing. It's situation normal. Thanks MMi.
    1. howard's Avatar
      howard -
      Wikipedia is NOT a dictionary, nor is it really an encyclopedia of any sort. So taking definitions from it is not suggested and certainly not recommended.

      Again, they have legal authority to have this site do what they asked. They own the copyrights to the name, pictures and anything else iPhone related. I never said that they should or had legal authority to have the site closed.

      As far as other sites are concerned, specifically the one you pointed to, the site is set up as an information site. Yes you can say this site is too, but this is obviously about hacking into the phones whereas a majority of that site (not forums) is dedicated to Apple product. This site gives specific instructions on how to dig in. Again, it is all about traffic.

      In regards to other posters saying "We demand more" - what is wrong with you? You demand? Your sophomoric delusions are humorous. Screaming on a website forum wont get you what you want. Compose a comprehensive, informed, and intelligent letter TO Apple about what you would like.

      Squirrel meat - tasty, no?
    1. Cody Overcash's Avatar
      Cody Overcash -
      Quote Originally Posted by soulthoughts View Post
      I'll go against the grain like a few others did here and say, 'What's the big deal?' Apple has a trademark/patent/whatever and they are enforcing their legal right. Does this in any way affect the site? No. Someone mentioned the content is what makes the site. I agree. I don't come here for the cool URL.

      I know cash, PF and all the other people on the team aren't stupid enough to fight a losing battle. They know the focus should be on the content. I still like Apple. I still like their products more and more as I'm slowing converting from a Windows guy.

      As long as there's a redirect I don't have to do a damn thing. It's situation normal. Thanks MMi.
      well, until the 12th at least . . .
    1. BradM73's Avatar
      BradM73 -
      If I were you guys, I would KEEP the modmyi.com domain. Are you a bunch of wimps or something?? Apple has no legal precidence to force you to change your domain name. I would stand up to them and say "F You Steve Jobs!!!".

      I highly recommend consulting an attorney over this. For apple to make such a claim is BS.

      The ONLY reason I could think that they are concerned is because you guys have the store where you sell products. That usually creates concern due to competition. Otherwise the use of www.modmyi.com is completely legal.
    1. Cody Overcash's Avatar
      Cody Overcash -
      Quote Originally Posted by BradM73 View Post
      If I were you guys, I would KEEP the modmyi.com domain. Are you a bunch of wimps or something?? Apple has no legal precidence to force you to change your domain name.
      research the word "pod" in domain names along with apple, circa october 2001 0r 2002, i forget which year.

      Otherwise the use of www.modmyi.com is completely legal.
      my lawyers tell me otherwise.
    1. soulthoughts's Avatar
      soulthoughts -
      Quote Originally Posted by BradM73 View Post
      If I were you guys, I would KEEP the modmyi.com domain. Are you a bunch of wimps or something?? Apple has no legal precidence to force you to change your domain name. I would stand up to them and say "F You Steve Jobs!!!".

      I highly recommend consulting an attorney over this. For apple to make such a claim is BS.

      The ONLY reason I could think that they are concerned is because you guys have the store where you sell products. That usually creates concern due to competition. Otherwise the use of www.modmyi.com is completely legal.
      I hope you're not a lawyer. Please read the Anticybersquatting Consumer Protection Act. Try the 1st session section 2 in particular.
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Quote Originally Posted by BradM73 View Post
      If I were you guys, I would KEEP the modmyi.com domain. Are you a bunch of wimps or something?? Apple has no legal precidence to force you to change your domain name. I would stand up to them and say "F You Steve Jobs!!!".
      On the one hand, that'd be fun.

      On the other hand, though, of course they have precedence. They own the trademark. We're using it. Case closed, we changed the name, all fine.
    1. soulthoughts's Avatar
      soulthoughts -
      Quote Originally Posted by cash7c3 View Post
      well, until the 12th at least . . .
      Thanks for the heads up. Bookmarks changed.
    1. jayson9's Avatar
      jayson9 -
      I say we come out with word association like iphone = iCrap, Steve Jobs = BJ (you do the math), apple = lemon.......... Hey this could even be fun as well as instructional!!! And we promote iCrap, Lemon, and BJ!
    1. beijingdave's Avatar
      beijingdave -
      Quote Originally Posted by iphonejeff View Post
      you see i told you guys that apple was looking at these forums!

      but it sucks dudes..but we will go on !!
      I would bet 98% of the visits from Apple's network were employees wanting to mod their phones rather than shut this site down.
    1. dchurch21's Avatar
      dchurch21 -
      i dont know if anyone else knows this, but a few years back, i dont know the exact date on it, when apple bought the domain name www.iphone.com for like 1.8 million dollars i think. once again i am undsure of exact dates and money quotes i listed, but none-the less. If apple can toss around millions of dollars just to buy a domain. Im sure they can toss around a million more to have there lawyers search ever law reguarding the use of there images and trademarks. So this was a good move to change domain names. and not try to fight apple on it, as long as all they want is the owner to change the domain name, and not the actual services and content posted on the sites forums and downloads then i would have to say that its fair. Now when they want to limit the services this site offers, then we will have a problem.
    1. WindsorFox's Avatar
      WindsorFox -
      Quote Originally Posted by jayson9 View Post
      I say we come out with word association like iphone = iCrap, Steve Jobs = BJ (you do the math), apple = lemon.......... Hey this could even be fun as well as instructional!!! And we promote iCrap, Lemon, and BJ!

      "CEO Blow Jobs of Lemon Computer Inc. said to day that the iCrap would no longer have a rechargeable battery and that when the original battery dies beyond the thirty day warranty period, the iCrap would no longer be serviceable and must be replaced. He will however, allow a $25 rebate on the $800 price tag if you send in your dead iCrap when you purchase a new one...."
    1. john_mcpherson's Avatar
      john_mcpherson -
      I, like many others, thought that this was an actual Apple website.

      I would like to suggest that Apple suing you is the least of your problems. You should be more worried about all of the users who mistook your website for an Apple website. Now I have installed all of these cool mods thinking you were Apple. I guess I will have to go back to my the old days when my iPod Touch was not nearly as cool.

      It's unfortunate that your domain name had to change. The only reason my iPod Touch is as cool as it is is because of sites like this.

      Keep up the good work!!
    1. thetoothfairy's Avatar
      thetoothfairy -
      john mcpherson: how could you think that this site was a Apple site? Give me a break! I don't even have a iphone and I knew this site was not a Apple site...
    1. robbpell's Avatar
      robbpell -
      just another sad attempt from apple
      I'm starting to think they want to rule the world.....
    1. WindsorFox's Avatar
      WindsorFox -
      Quote Originally Posted by john_mcpherson View Post
      I, like many others, thought that this was an actual Apple website.
      You have GOT to be kidding....

      Quote Originally Posted by john_mcpherson View Post
      I would like to suggest that Apple suing you is the least of your problems. You should be more worried about all of the users who mistook your website for an Apple website. Now I have installed all of these cool mods thinking you were Apple. I guess I will have to go back to my the old days when my iPod Touch was not nearly as cool.
      Dude, if that's not sarcasm you need to trade your iPhone for something that only works as a phone. Sorry that I am blunt but all those people must be the ones that get caught by bank phishes and offers for 60% of 40 million Pounds...

      Quote Originally Posted by john_mcpherson View Post
      It's unfortunate that your domain name had to change. The only reason my iPod Touch is as cool as it is is because of sites like this. [/B]

      Keep up the good work!!
    1. Iscream's Avatar
      Iscream -
      so much for freedom of speech, doesn't cisco own the name "iphone"? this is rediculous. if i have a dog, i will name him steve jobs and have them sue (or bite) me.
    1. Arianiv's Avatar
      Arianiv -
      I question the ground they stand on. Unless you are selling firearms, controlled substances, or other regulated items, the consumer can basically do whatever they want.

      The exclusive contract with AT&T is questionable business practice at best and its monopolistic.

      Accepting "credit only - no cash" for iphones and REQUIRING a credit card is ILLEGAL. They try and strongarm you into contracts and deposits but they have no right to do so.

      Then the garbage they are pulling right now with domain names; I can get a domain name of ModMyToyota.com if I want and if disclaimer is necessary by law, fine. Apple/AT&T's lawyers are full of it with what they are trying and they deserve what is coming to them, the amount of grossly demonstrated greed and control over consumer behavior is losing them support from old customers and alienating new ones.
    1. dennder's Avatar
      dennder -
      unPHucking beliveable!

      You know people, Apple's practices begin to remind me of the Microsoft ones more and more...

      I just cant understand that type of "freedom".
      Sorry guys, im from Urop

      P.S. To anyone who "believed" that this site is actually Apple - pals, do you really think, that "Apple website" would host resources and guides containig information about how to "unlock" the iPhone (sorry, iFone )?