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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. WindsorFox's Avatar
      WindsorFox -
      I find it amazing that so few people havn't a clue what "freedom of speech" means.
    1. -Q-'s Avatar
      -Q- -
      And then there were two...

      I guess it was bound to happen. You see a struggling, (and all but dying), company in the shadow of giants like Microsoft do an about-face and begin to successfully grow their market-share by focusing on a business-model that is more or less the Anti-Microsoft-Way. Building with that an extremely loyal following of intelligent, informed and truly creative minds.

      Then said company begins to focus more on the bottom line.

      All of the sudden that same company begins to adopt the very same business-model, (on a smaller scale for now), of the competitor with which focus(ed) so much effort to differentiate from.

      Bleh. Back to the open source world...
    1. maXimus's Avatar
      maXimus -
      Personally I would have just added a disclaimer:

      "This site is in no way, shape or form afiliated with Apple or any of it's subsidiaries. The word iPhone is a registered trademark of Apple and Cisco corporations. All images of iPhones are copyrights of Apple and are used for instructional purposes only."

      With that, they couldn't touch you.
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Its been there since day one. Bottom of the site.
    1. Kruejl's Avatar
      Kruejl -
      What a load.

      I guess I'll continue to keep wondering who looks more like my ballz, Steve Jobs or Bill Gates.
    1. Cody Overcash's Avatar
      Cody Overcash -
      Quote Originally Posted by maXimus View Post
      Personally I would have just added a disclaimer:

      "This site is in no way, shape or form afiliated with Apple or any of it's subsidiaries. The word iPhone is a registered trademark of Apple and Cisco corporations. All images of iPhones are copyrights of Apple and are used for instructional purposes only."

      With that, they couldn't touch you.
      I put that in there, every page, the day this site went live
    1. maXimus's Avatar
      maXimus -
      Quote Originally Posted by maXimus View Post
      Personally I would have just added a disclaimer:

      "This site is in no way, shape or form afiliated with Apple or any of it's subsidiaries. The word iPhone is a registered trademark of Apple and Cisco corporations. All images of iPhones are copyrights of Apple and are used for instructional purposes only."

      With that, they couldn't touch you.
      Those keys words have killed many law suits!

      BTW, I never quite reach the bottom of the page!!! It should be at the top for more effectiveness!!!
    1. Kruejl's Avatar
      Kruejl -
      "Whaaa, my name is Steve and if MMi didn't exist I would have sold 300k less iPhones....Whaaaa.

      Mr. Jobs should write you guys a personal "Thank You" memo instead of some bullsh*t legal notice.
    1. dieingforcoastal's Avatar
      dieingforcoastal -
      you can probably still use the iphone picture, as long as it doesnt show their logo or interface, ( just dont show the back of the phone). You cant trademark a shape or design of a piece of plastic, what does apple mean you have to remove images.

      ex. iv seen plenty of commercials where they are using a macbook sans the logos and its okay.

      Apple is starting to piss me off, still love their product though.
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Quote Originally Posted by maXimus View Post
      Those keys words have killed many law suits!

      BTW, I never quite reach the bottom of the page!!! It should be at the top for more effectiveness!!!
      Legally doesn't matter WHERE it as so long as its in plain view (not having to click a special link or anything).
    1. littlegame1's Avatar
      littlegame1 -
      That's it! I'm changing my last name to iPhone and see if I can cash in on this! ROFLMAO!!!!!!!
    1. cruid's Avatar
      cruid -
      Quote Originally Posted by poetic_folly View Post
      Its been there since day one. Bottom of the site.
      Quote Originally Posted by cash7c3 View Post
      I put that in there, every page, the day this site went live
      I think that he was referring to a splash page that people were forced to click enter. Sorta like porn sites I guess? haha good example. Anyway I don't know if that would solve everything but it sounds like a good simple way to solve that problem that Apple is addressing in the letter. I honestly thought that the letter might have been a lot worse. No comment really, just thought you guys might be looking at it the wrong way?

      And furthermore, It seems like it would be a lot harder for them to send you a letter like that if you had a huge banner at the top of the forum or whole page saying so. Dunno if that would matter either though.. There are so many other websites with iphone in their domain name. I'm just waiting for them to all be forced to do the same thing.
    1. maXimus's Avatar
      maXimus -
      Quote Originally Posted by poetic_folly View Post
      Legally doesn't matter WHERE it as so long as its in plain view (not having to click a special link or anything).
      Just to let you guys know, I understand wholeheartedly why you made the quick decision to change. It's just that I am not the type of person to be easily intimidated! I would risk going to jail first. I would have given them a nice fight before being handcuffed. As a matter of fact, if you want, sell me the ModMyI name and I'll put in a redirect to ModMyI. You can give Apple my name, address and phone number.
    1. Kruejl's Avatar
      Kruejl -
      ^^^Hel* yeah, MaX!!
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Yah, we consulted multiple lawyers. We're ballsy enough to fight if we had a case. Suffice it to be said, we did not, and we have changed the name. That's it. Moving on...
    1. Kruejl's Avatar
      Kruejl -
      ^^^Having enough money to hire lawyers to fight Apple is rare. Either way, new bookmark added.
    1. maXimus's Avatar
      maXimus -
      Quote Originally Posted by poetic_folly View Post
      Yah, we consulted multiple lawyers. We're ballsy enough to fight if we had a case. Suffice it to be said, we did not, and we have changed the name. That's it. Moving on...
      Then I think I'm going to register a domain with 'iPhone' in it, and paste a huge mock-up of an iphone in the center of the page, and put links to all the popular modding sites and forums. At the bottom, I'll post my name, address and phone number.
    1. Cody Overcash's Avatar
      Cody Overcash -
      Quote Originally Posted by maXimus View Post
      Just to let you guys know, I understand wholeheartedly why you made the quick decision to change. It's just that I am not the type of person to be easily intimidated! I would risk going to jail first. I would have given them a nice fight before being handcuffed. As a matter of fact, if you want, sell me the ModMyI name and I'll put in a redirect to ModMyI. You can give Apple my name, address and phone number.
      going to try to keep it as a redirect with their okay (other sites in the past have been allowed this from apple)

      Quote Originally Posted by maXimus View Post
      Then I think I'm going to register a domain with 'iPhone' in it, and paste a huge mock-up of an iphone in the center of the page, and put links to all the popular modding sites and forums. At the bottom, I'll post my name, address and phone number.
      rofl =))
    1. Dash-2's Avatar
      Dash-2 -
      Quote Originally Posted by maXimus View Post
      Just to let you guys know, I understand wholeheartedly why you made the quick decision to change. It's just that I am not the type of person to be easily intimidated! I would risk going to jail first. I would have given them a nice fight before being handcuffed. As a matter of fact, if you want, sell me the ModMyI name and I'll put in a redirect to ModMyI. You can give Apple my name, address and phone number.
      Though I don't like this whole situation,
      when it comes down to it:

      It's still just the internet.
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Nice.