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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. HarlemUSA's Avatar
      HarlemUSA -
      Apple is getting scared,lol are they only addressing this site??
    1. dildo's Avatar
      dildo -

      Is really stupid this domain name issue. So if you have a string like **************iphone*********.com also you cannot use? what about i*****p****h***o***n***e also touch the sheet-y company name?

      You know what - someone should buy license on all letters of alfabet and sue Apple for using 'A' and 'p' and 'l' and 'e' as they're logo name and because they use double 'p' the penalty should be double.

      I think apple should take his time take care of improving the iFone firmware (who is far away from perfect).
    1. !phone's Avatar
      !phone -
      take my ID
    1. zoidberg md's Avatar
      zoidberg md -
      Hey Cashola, nice job on the sig edit.
    1. manwayvan's Avatar
      manwayvan -
      wow you show up late to the party and all hell breaks loose..Well apple really has to look at it in the manner that if they had actually created an open source device(much like google(TM) is in the process of doing) that wasnt locked down so much then there would be no need for sites in this manner.Apple" should really hire people to go through these mod forums to see what people actually want in a device...A person shouldnt feel like there going to be prosecuted for having non-oem software on a phone..its 2007 and these companies really need to look at what the people want..and by the number of mod sites there are one would figure that these manufactures would spend time going through them and actually see what people want out of a device.

      But you really should write them back and let them know they have no right to say anything until they get the toxic chemicals out of their device.
    1. dildo's Avatar
      dildo -
      I buy my iPhone, than 2 days later the headphone broke (hear some brooming in right headphone) . My friend had same problem with he's and change the headphone with LG chocolate. iPhone BEST iPod with worst headset ever but also with best layers so apple have time to protest it's own image. Better produce good quality products, make nice updates, don't let place for other to improve you're business and like that you don't have nothing to protect because Quality is best PROTECTION ever.

      LAME Apple.....
    1. ima80baby's Avatar
      ima80baby -
      FUDGE APPLE!

      HAHAHA! My iPhone is unlocked bastards! Send me a letter!
    1. tug3's Avatar
      tug3 -
      I was under the impression that Apple does NOT have any trademarks for iPhone, as Cisco has owned the iPhone trademark way before Apple.

      www.linksys.com/iphone/

      So, Apple lawyers should be the ones getting the threathning letters! - Along with Apple inc...
    1. YodasMaster's Avatar
      YodasMaster -
      A similar thing happened to a buddy of mine who ran a Star Wars figures archive. The site was toyrgus.com and a while back toys"r"us sent their lawyers after him saying the website was taking business away from them, even though he had nothing for sale on the site.

      Lawyer bills later he won. Years went by and Toy"r"us wanted another stab at him. This ime he gave in do to the fact that it just wasnt worth his time and money.

      Its sad the way companies do this, most the time its just to shove their weight around and show everyone whos boss. Plus it gives the noobie lawyers somthing to do.
    1. f00fighters's Avatar
      f00fighters -
      Quote Originally Posted by cash7c3 View Post
      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.
      First of all, have you confirmed the letter is legit? Second of all, have you consulted a lawyer? I can understand you guys just wanting to avoid all the issues and headache, but it sounds like you're giving way too easily.
    1. truenorth's Avatar
      truenorth -
      You probably didn't follow the thread from the beginning. Yes, it's legit, and yes, cash consulted with his lawyers. Again, folks, Apple has the legal right to do this. It could have been worse. Let's move on.
    1. maXimus's Avatar
      maXimus -
      Thread Closed.
    1. k20junkie's Avatar
      k20junkie -
      Quote Originally Posted by cash7c3 View Post
      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.

      I've had similar threats when i had a ringtone site for nextels. In my opinion, apple is persueing all of these domains for a reason, they could care less about the content which is which leads me to beleive that apple is eventually going to buy up these domains for their own use once they expire. I suggest renewing the domain anyways even if you link it to a blank page. Save it for a while, so when and if apple decides to buy it, you've got the strong arm.
    1. feverwilly's Avatar
      feverwilly -
      You mean Apple threatened you after they STOLE the name form CISCO?

      The Trademark is NOT even registered to APPLE. It is registered to CISCO. (Lynksys) you should tell APPLE to contact you when the US Patent and Trademark office grants them the trademark. Till then PISS OFF like the british are fond of saying.

      http://blogs.cisco.com/news/2007/01/...ne_tradem.html

      How can APPLE benefit from harassing a message board that brings awareness and increases the sales of their phones? I can only summise that they are pissed of over your jailbreaking guides. I would fight this but I understand that Apple has legal recourse that would cost too much money to defend ones self

      I looked it up,

      http://tess2.uspto.gov/bin/showfield...te=i5fd25.2.13

      Word Mark IPHONE
      Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer gaming machines, videophones, prerecorded computer programs for personal information management, database management software, electronic mail and messaging software, paging software, database synchronization software, computer programs for accessing, browsing and searching online databases, computer software and firmware, namely operating system programs, data synchronization programs, and application development computer software programs for personal and handheld computers; software for the redirection of messages, Internet e-mail, and/or other data to one or more electronic handheld services from a data store on or associated with personal computer or a server; software for the synchronization of data between a remote station or device and a fixed or remote station or device

      This has nothing to do with a website mentioning the iphone.
    1. listenclose's Avatar
      listenclose -
      modmyi doesn't have the same ring. I think you should change it back. They didn't mess with everythingiphone
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Quote Originally Posted by f00fighters View Post
      First of all, have you confirmed the letter is legit? Second of all, have you consulted a lawyer? I can understand you guys just wanting to avoid all the issues and headache, but it sounds like you're giving way too easily.
      It's all legit, and in the end it comes down to - would we rather spend tens of thousands of dollars and huge amounts of our time in a drawn out legal battle over the name of a website that we can change within hours, or would we rather pop it over to a new name, clear up the issue, and continue business as usual. Maybe you can quit your job and pay legal fees, but we'd rather not.

      Quote Originally Posted by listenclose View Post
      modmyi doesn't have the same ring. I think you should change it back. They didn't mess with everythingiphone
      Not yet. That we know of.
    1. sLevin1fo's Avatar
      sLevin1fo -
      I think the same thing happened with Xda-Developers. HTC & Microsoft made them remove any "ROM Images" that were to represent these companys with out proper authorization.

      Oh well.

      Viva MMi!!!
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      MacNN has picked up the story as well, thanks guys...
    1. Eurisko's Avatar
      Eurisko -
      Funny how they haven't gone after iPhoneAlley.com or HacktheiPhone.com

      I guess you're worth the trouble PF.
    1. Cody Overcash's Avatar
      Cody Overcash -
      Quote Originally Posted by Eurisko View Post
      Funny how they haven't gone after iPhoneAlley.com or HacktheiPhone.com

      I guess you're worth the trouble PF.
      apple picks off one by one with a few months in between typically starting with the largest