News Flash 6/3/2007:
- New iPhone Ads Now Available on Apple.com!
- Apple iPhone release date is June 29th, and new video of iPhone ad!
Going to expos and events are always exciting for the potential new news, but as well as that there’s the possibility that you might bump into someone in the industry who you particularly admire. There’s an old saying that you should never meet your idols since they’ll only ever disappoint you; right now that’s ringing more than a little true for me.
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The idol, as I’m sure he is for many people, is Steve Jobs. Man, I’ve looked up to him for years. Hero-worship gets a bad press, but if it makes me an Apple fanboy then I guess I’m a fanboy. As you can tell from the coverage here on MYiPhone, the majority of which has been glowingly positive of Apple’s first solo cellphone attempt, we’re big believers in the device and the company ethos. So when I got to meet Steve at D5 the other day, I was like a kid on Christmas morning again (only with less egg-nog). I almost expected an Apple-flavored electric shock when we shook hands; what I didn’t expect was to get slapped with a legal threat.
Turns out, Steve isn’t such a great fan of MYiPhone as we are about the phone itself. His comment to me about the site was “I recommend you changing the name, we have a team of lawyers to go after that kind of stuff.” Well, you could’ve knocked me over with a Mac mini. He mentioned that we should change it to anything other than iPhone in the name. He suggested something like mydreamphone.
Leaving aside the frustration of my first meet’n'greet with Jobs being marred, leaving aside how seriously I should take what could’ve been a throwaway or jovial comment, it raises some serious questions about Apple and their fluctuating stance on fan-sites. If, you see, they decide to take us down – and I’ve no doubt that Steve’s legal “team” err on the rabid side of business – what does that mean for the rest of the blog community?
Apple has some pretty impressive previous form when it comes to this sort of thing. They didn’t take kindly to Clint Curtis’ “iPod Monday” and cited trademark misuse in their cease & desist letter; meanwhile iLounge were forced to change their name from “iPod Lounge” after Apple’s legal raptors decided they weren’t keen on it. There have also been plenty of cases where third-party accessories have had to withdraw or rebrand after Apple got sour over their use of the iPod trademark.
Thinking about it, though, the situation is of course slightly different with the iPhone. Here, Apple don’t actually own the trademark – Cisco does. Our fruity Cupertino friends are just doing the business version of borrowing it. How their history of fiercely defending names and trademarks will fit into this new arrangement isn’t certain, and that’s something that will be watched very closely both by blogs like MYiPhone and the accessory makers who know full well that Apple add-ons are very big business.
Still, one moment of angst hasn’t ruined the WSJ: D5 All Things Digital experience for me. It was awesome to hear Steve speak for such a length of time without a particular product to announce, and we got some headline grabbing news like YouTube on the Apple TV, the seemless wireless-switching of the iPhone and of course the news that it’ll be opened up to third-party apps at some point later this year. Maybe my hero-worship got a little bruised, but if you’re on the front line, like MYiPhone is, then you’ve got to expect some flak. We’ll just keep bringing you the best in iPhone news.
I’m sorry to hear about your experience with Steve Jobs. I’m really disappointed and disheartened to hear that he’s forgotten where he’s been and what he preaches. What happened to, “Stay hungry, stay foolish?” For a man that plugs products to help channel individual creative energy, he’s seems to have belittled yours. What about free publicity? Is Apple such a heavy champion in the digital arena that they can do without it? If I would have read your post before I purchased stock in Apple, I would have decided differently. Now I feel as if he’s picking on the little guy. I thought Steve was a perfect example of a CEO role-model. Now I feel as if Jobs is friendlier to Microsoft than his ally. After reading your post I have downgraded my title from, “Fanboy” back to “average consumer who sometimes buys apple products.”
STEVE JOBS: If you are reading this: YOU LET ME DOWN MAN
Too bad dude, really unexpected reaction from such a great, or now, pseudo-great man…suddenly i got bored…
Apple now shares the iPhone trademark with Cisco. American law requires the holders of trademarks and patents to “aggressively” protect them against anyone or anything that infringes on them. A failure to aggressively protect a trademark or patent might lead a judge in a future lawsuit to conclude that the company wasn’t really interested in protecting the trademark or patent and might allow others to use it. Jobs’ comments to you are legally required if he wants to protect his iPhone from bigger fish. If you don’t change your name, you can expect more serious efforts by Apple in the future. Unfortunate but true.
thanks for the comments, I’d like to see what happens to the domain iphone.com. Apple does not own it (yet).
Really? You didn’t expect a problem with using iPhone in the name of your site? Not so long ago, Apple effectively killed every NON-APPLE owned website URL with “iPod” as a part of the name. Ask the guys at ilounge.com about when they used to be called “iPodlounge.com”.
But at least you got a relatively friendly point in the right direction from the guy, rather than just setting the lawyers loose on you without a warning.
It’s been the Apple policy for a couple of years now, I wouldn’t expect for that to change, especially as much as they’re banking on the iPhone. myphone.com might have been a safer option. Good luck with it!!
I think you are overreacting a tad bit. You don’t own the ‘iPhone’ name. Apple’s sharing it with Cisco, and I’m sure their agreement stipulates that Apple defend the mark as it applies to their phone. So Steve is giving you due warning.
iLounge had to change their name too. It was iPodLounge. They’re still one of the best places online for iPod/Apple related reviews/news/stories. One of the things those responding, in my opinion, unduly negatively to Jobs’ alleged statement, you must remember that “myiphone” is not a charity. It does make money selling ads next to its iPhone stories. Don’t accept the premise that they are doing Apple a favour.
Lastly, great job on generating page views! Effective hyperbole is what the increases your popularity.
me
Why not change it to “myeyephone.com” and at the same time maintain an alias that allows users to keep typing in “www.myiphone.com” which redirects to “myeyephone.com”?
And for the logo, try “My” put a lower case “i” but put an open eye illustration where the dot it on the “i” then follow it with “Phone”… Be unique in it’s design, but keep the same sounding name…
Just my two cents.
Your website is a piece of crap, and you have some nerve ripping off the iPhone brand name.
I hope their lawyers eat you for lunch.
You have some nerve.
Steve Jobs was polite – you should cease and decist ASAP you creep
The 4th sentence in the second paragraph of my (“me”) comment above is a bit convoluted. It should read: “One of the things those responding negatively, unduly in my opinion, to Jobs’ alleged statement must remember is that “myiphone” is not a charity.”
Yeah… I’d be a bit disappointed, but like someone else pointed out, at least he had the courtesy to warn you. I wouldn’t take it personal, as they will be going after all things iPhone in the name, and related to their iPhone. You just happen to fall into that category, and just happened to meet him. I would call it a friendly warning to keep you from getting hurt in the end.
I understand why he did it, but it doesn’t make me any happier. It really made me kinda sick reading it. I know he did it politely and it was a courtesy, but… still… it doesn’t really matter what the name was in the first place. You are promoting Apple! Your doing him a favor, and he might as well have slapped you in the face. Or, at least thats probably what it felt like. Sorry about that, man! A long time semi-Steve Jobs worshiper myself, I feel with you. Good luck with changing the name!
First of all, myiphone.com was bought back in 2005 and launched in 2006 before the iPhone was ever announced. I’m not saying that we have the right to using the name or not and that’s yet to be determined. That being said, we recently won a case against Motorola for the domain name motorazr.com. Motorola owns the trademark “motorazr” yet still failed to prove their case with WIPO Administrative Panel and lost in an arbitration.
Again, I appreciate all the comments above (and below) and invite new visitors to share your point of views.
Related: motorazr.com vs. Motorola: the verdict is in!
Nathan, this took place in front of two other Apple execs, and trust me, what Steve said struck me hard (and the pain lasted for a long time while increasing more and more later on in the day) and those few seconds felt like an eternity.
Greg Pearlstone, did you forget that Apple intentionally used iPhone without Cisco’s permission? Apple isn’t that innocent, my friend. Steve announced the iPhone in front of 4,000 people at Macworld (I was there to witness the announcement) while knowing the deal hasn’t been closed with Cisco. As a result, Cisco slapped Apple with a lawsuit the very next day.
Read more about Cisco vs. Apple
I can understand the disappointment. The Big “S” reached down Mount Apple and smacked you in the head with some pre-legal advice. Sure it puts a sour taste in your mouth for now, but it’s not as bad as the potential future dent in you pocket once Steve gives the order to “RELEASE THE HOUNDS!”. I’d hate to read of the closing of this site via some other Apple rumor/new page because this one was no longer running. Any of us who are familiar with Apple’s legal tactics could have seen this situation coming eventually. No big deal, you have a good site. People will continue to flock to it when searching for iPhone info as long as you stay on top of it and give the readers what we want – updated iPhone news/rumors/copycat products, etc…
Make the eventual site name change a contest, have some fun with it. Have a counter that shows how many days without hearing from Apple Legal. Keep a running list of potential new names for the site. In the end, keep you head up, keep producing a site which at least has the notice of Apple & The Big “S”. It’s more of a compliment than you realize. If your site had no merit he probably wouldn’t have bothered with the warning.
Keep MyiPhone or My-aPhone or My-iCell… well, just keep this site up and running!
no offence but in that situation i wouldn’t have hesitated to tell him to go f*** himself, stand up for yourself once in a while, even when your wrong.
[vincent] Sorry I had to edit your comment Tony.
Hey, sorry about that, Vincent.
[quote comment="3051"]Hey, sorry about that, Vincent.[/quote]
You are forgiven steve, NOT!
I would take RB’s advice. Have fun with the “issue” before it becomes and actual issue. If and when that day comes then just deliver what the readers want and the name at that point isnt that big of a deal.
Who here isn’t going to buy an iPhone? You’re contributing to the buzz. Is apple going to sue every newspaper that used the word iPhone? When apple sends you a C and D letter, send them a bill for free advertising. Charge a generious fee for your design work, writing skills, and overall time commited to the project. There is nothing more fun than to kick some one in the balls when they hand you a C and D letter.
Whether you agree or disagree, Apple must protect its brand, trademarks and copyrights. You will eventually have to change your domain name.
Free publicity? You can’t be serious? You are selling advertising on your site. So you are making money off of the iPhone name. Maybe if you pay Apple 10 percent of the revenues, you can put a approved by Steve Jobs watermark at the bottom of your site.
It’s pretty lame that all Steve Jobs could say to you was, “change your name” It’s pretty hypocritical considering that he stole the iPhone name from Cisco.
As far as the comparison to iPod Lounge, this isn’t so clear cut. Apple pulled the iPod name out of thin air, whereas the iPhone name is already trademarked by Cisco and the iPhone.com domain is owned by someone else as well. Not only that but iPod Lounge voluntarily changed their name.
Regardless, if you want to get along with people, you shouldn’t start out by threatening legal action, that just makes people want to dig in their heels and fight.
Wow Vincent…..that really stinks man…..so what are you thinking about doing? what is on your mind right now about it?…
lmao @ ewdison’s comment.
I BET someone from Apple has seen this article now…they browse some weird iPhone/Mac related sites alot.
I’m an avid but quiet fan of myiphone.com. It’s where I go first for my iPhone information. Steve Jobs should know that sites like these is what keeps people interested in the iPhone. It helps promote the iPhone! And most importantly it’s a freedom of speech! If Apple doesn’ appreciate freedom of speech, then maybe they’re not the company I thought they were.
I love this site. Sorry to hear about the encounter. I’ll still visit the stie regularly even if you have to change the name.
Heh, heh… if its not the trademark, they’ll go after you for copyright violations. There’s really nothing you can do except wait for it. There is a huge list of websites that use the name iPhone in them, including iPhoneFreaks, iPhoneMatters, iPhoneWorld, etc, etc. Much like… MacWorld, or AppleMatters, or AppleInsider for that matter. Just kind of goes on, doesn’t it? I’m launching iPhoneWar today in fact, and I’m scratching my chin about a number of issues… but the name… that’s probably on the very bottom of my list of concerns. We’ll see what happens, but suffice to say, “iPod” is something much different in my opinion.
iPhone has not ONLY been used by numerous other companies over the years (at one time even being used as an informal name for “Internet phones”) that “suing” someone over simply using the name in a domain name is dubious at best. Just my non-legal opinion.
the furor Apple would create would, I think, by sizeable. Not sure why AppleInsider is still around, if Apple now owns the full trademark on “Apple”.
One other idea though? Try to trademark it.
I propose tuipb.com for The Unofficial iPhone Blog. Sure, it looks unappealing at first, but tuaw.com is a great and popular site for various Apple things…
I just registered an “iphoneXXX.com” name yesterday and after reading your experience with Steve Jobs here is what I think your best advice is (from everything I read so far here):
“Make the eventual site name change a contest, have some fun with it. Have a counter that shows how many days without hearing from Apple Legal. Keep a running list of potential new names for the site. In the end, keep you head up, keep producing a site which at least has the notice of Apple & The Big “S”. It’s more of a compliment than you realize.” From Post number 16.
I will likely use this advise (from post #16) for my website (before I change the name, which I will do for sure BEFORE I get a C&D letter) because it will give the users actual ownership, increase the sites’ popularity and stickyness and it will be fun!
My reasons for “caving” in are related to my own experience with intellectual property. I just filed a trademark with the USPTO in April and my IP lawyers are filing a patent for me today. Both are related. Granted my business is not the ‘Phone” or Apple, but if someone took use of my trademark I would have to go after them, especially since there is related IP associated with it in the case of the patent.
All I am saying is Apple is right. Maybe once you file a patent and trademark for a related product you will have a better view of Intellectual Property rights and why they need to be defended. I know this is not what you want to hear but it is what it is.
In the meantime, you should have fun like post #16 instructed.
Do you have any idea how much publicity you would get from the media about this once iPhone launches? I am in the “press” and I can tell you this whole idea is a perfect “angle” from the yawn of reporting that will become standard iPhone news in a just a few weeks. WSJ, BusinessWeek, CNN all would be options for you (whether or not they do anything depends on how much noise you make).
Go for it dude while the idea is hot and fresh instead of wallowing in it. And keep up the iPhone reporting ;-). Your site is in my top 5 iPhone sites.
I just stumbled to this site by accident. I read the Stevie hand shake article and my first reaction was “who the heck does he think he is”. Well it just happens he is a very powerful man. His “guys” will protect the iphone, ipod, ibook…. apparently they own the lower case letter “i” when followed by anything when a space isn’t inserted between the two words. I’ve been an exclusive Apple supporter since the 80′s. I went as far as switching my employers to Mac instead of those hard to use “other” machines before windows were introduced. I have waited, with much anticipation, for the release of the iphone. Stevie just lost my business. I will not purchase an iphone or any future Apple Products. I guess I will need to change my e-mail address as well. I had no idea. I have iphonephoenix, iphonearizona, iphone623 and iphone602 dot com’s that I planned to use in some form in the future. If I’m not allowed to use them, somebody best be giving me a credit for buying the domain names. I won’t be watching my mailbox for a check from Apple or a credit from the company that allowed me to purchase the domain, knowing that it would infringe on trademark names. It’s all BS.
I will link this website from my website.
What if you changed the name to MiPhone (pronounced “My Phone”)? Though it won’t be pronounced “My iPhone”, I think people will still understand what “MiPhone” really focuses on – the iPhone and how much people will enjoy the device.
Also, I wouldn’t take the meeting with Steve too personal. He’s been at this copyright stuff for a long time. He probably thinks a website enthusiast is great, but he’s also focusing on other things that we may not realize goes into all of this that is going on.
Unfortunately trademark law is very specific, and relies upon holders defending and protecting their rights vigorously, or risk losing future contests over use of their marks. If Apple doesn’t show determiniation to protect is right to the iPhone, or iPod, or whatever-other-mark-is-being-used, then it risks that lack of action being used against it in the future.
It does not matter one jot how large or small the individual or organisation allegedly misusing the mark is. What matters in law is that Apple shows it considers the commercial value of that mark significant enough to warrant defending in every instance. If it does not do so, then its lack of action can be used as evidence that the company does not attach sufficient value to its use and enjoyment of the mark, and it may very well lose its right to protect its mark or even in the worst case its rights to use it exclusively (or in the case of iPhone its license to use it exclusively except for Cisco, of course).
This strict legal requirement is often deliberately overlooked by whiners and so-called “injured parties” like websites in order to drum up popular support by similarly enraged but ill-informed readers and members of the public, but make no mistake: Apple has NO choice but to vigorously and ruthlessly puruse any potential trade mark infringement irrespective of how petty it may seem, or risk jeopordising its exclusive future rights to that mark forever. I’m sure MYiPhone’s owner is well aware of this.
Trademark law is an arse; sad but true. Don’t blame Apple for having to try to protect itself from it.
Yes, it does suck. iPodLounge.com became iLounge.com because of this, MacPrices.com became PCPrices.net, and iPodGarage.com became iProng.com. To name just a few. All of those sites are still great, though, so it’s not like Apple tried to shut their doors. All they did was demand a name change. Everyone has become a little more trademark-aware these days.
Hm. Noticed the “MyiTablet” name change. Eh. I disagreed that there should be a public “contest” (as someone else suggested) if for no other reason than its the surest way to NOT get the domain name you wanted (doh). But, I don’t know about MyiTablet.com. I’d prefer MyiDevice.com or MyiGadget.com a whole HECK of a lot better. But, oh well.
what if apple releases an itablet?
is it ok to use the word APPLE in a domain name?
@MrT: “Is it ok to use the word APPLE in a domain name?”
Yes and No, like everything else. The only thing is, unless you’re selling something, the concept of “trademark” doesn’t really have any bearing on you. Unfortunately, the moment you want to sell a t-shirt, a mug, or a screensaver, you’re screwed. I believe that is the context in which AppleInsider and MacRumors deals. MacWorld actually got the name from Apple in a deal. Photoshop is another question mark, and I think Adobe has been very active in hitting folks up about that.
I just posted to my blog about this issue as a whole:
http://www.xanga.com/gryphondwb/595118082/avoiding-legal-troubles-naming-pains.html
Apple has guidelines about this stuff too, fyi:
http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html
http://www.apple.com/legal/trademark/appletmlist.html
It’s better to just put “trademarks” in the byline of your website, and NOT in the title. Better for everyone all around.
[quote comment="3121"]is it ok to use the word APPLE in a domain name?[/quote]
ABSOLUTELY NOT! Unless you are Steve Jobs, you should refrain from ever uttering that word! He owns it! Use the term “Malus” instead! Follow my lead… Johnny Malusseed, Malus Sauce, Malus pie… If one should ask if a particular tree bearing Malus fruit is an “apple” tree, henceforth, you should reply “Heaven’s no! It’s a Malus sylvestris tree!”
In all seriousness though, you bring up a great question. How far do Apple’s rights extend?
Don’t change a word. This is just business paranoid.
wow that steve jobs is really somebody. I had respect for him, now to me he is a rich loser. I am offended by those that say you make money off of the ophone. Your site has more than just a picture of an ophone where we come to bask in the glory of his royal steveness. You search out content, good content, content that you know that you readers will find interesting not just page filler. You are the one writing the code or inserting the code and spending the time to share with your customers. Do what you gotta do you can still shake your fist at him unless that is copyrighted, trademarked, suggested, or owned by cisco
I think you should change your website name to:
http://SteveJobs-iJacka$$.com
You people defending Jobs with talk about copyright should remember one thing: You maybe required by law to protect a copyright but there is no excuse for being rude and ignorant.
This was CLEARLY NOT a friendly warning. A friendly warning would’ve been something like:
“I really enjoy your website and want to thank you for all your enthusiastic articles concerning the iPhone. I really don’t want you to take this personally but I am going to have to ask you to change the site’s name. The thing is this. Apple has found out the hard way that we walk a very slippery slope once we start allowing people to use copyrighted names of our products. If we let one person use it, then we can’t stop other people from doing the same. A lot of times those people are not like you and use it in a very negative or abusive way. I really do appreciate your efforts though and it is nice to meet you. If you would like, I have a few minutes right now to do a short Q & A for your site.” Then he could have take two or three questions.
Instead Jobs kicked you in the nuts thinking that you were so beneath him that all you warranted was a threat in passing. Maybe a better name for your site would be http://iPhoney.com.
Dude,
don’t take it personally, he was giving you good business advise, apple is a 100 Bil company. The lawyers do their thing, so the CEO’s dont have to worry about it, it’s what lawyers do.
Their whole mission is to protect the Corporation, usually, coldly.
Jobs was doing you a favor. He taught you a lesson in the real world of tech companies.
I hope you had a chance to discuss other topics.
Late to the party. Some reasoned comments. I would suggest you change your domain name to http://www.iphoneworldwide.com or iphonefolks.com or iphonehome.com (if they’re available). Be really hard to say they infringe. They don’t infringe. First, they’re declarations about caller-reach, using the English language.
Be sure to include articles about other mfrs’ cellphones. B^)
Just sayin.
The though below…was not written by me…but really says it all…and puts things into perspective.
Re: Steve Jobs (Apple Computer)
Written: By someone who know people
I never look to enormously successful individuals as models of graciousness or even sanity.
It’s a fact of our culture that the enormously successful got that way by being extraordinary driven, and more often than not what drives them is what in other contexts would be considered “damage”.
For all of our celebration of “being all that you can be” and “following your dreams”, the titans of American entrepreneurship tend to be ruthless freaks.
Not being terribly concerned about the suffering or well-being of others, or the damage you may inflict as you climb the ladder, is practically a pre-requisite for “making it”, and the ones that make it really big seem to have those traits in spades.
Obviously, I don’t know Mr. Jobs, but from everything I’ve seen he, like most of his brethren, seems to have precisely that mix of expedient charm, compulsive relentlessness and indifference to others that, were he not a beloved icon of American industry, would brand him as a sociopath.
Like his computers, though.
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