As predicted, Apple has objected to a virtual MP3 player that re-creates in software the company's iconic iPod music player.
On Monday, an Apple lawyer phoned the British software firm StarBrite to voice concerns about its pPod software, a virtual iPod for the Pocket PC.
As previously reported, StarBrite's software is a software MP3 player that closely mimics the iPod and its distinctive interface – scroll wheel, menus and all.
StarBrite spokesman Ryan Kelly said the lawyer was most concerned with the similarity between the two products' names.
"They made us aware of Apple's trademark on the word 'iPod,'" said Kelly. "They said the pPod name was too similar for a player device."
Kelly said the product is now called the Pocket Bop, or pBop for short.
The Apple lawyer was also concerned about the overall look of the product, Kelly said. He was worried the pBop's mimicry of the iPod's interface may lead consumers to think they are buying an iPod, rather than a software facsimile, Kelly said.
"They were concerned we were pushing our product as an iPod," Kelly said. But, "the product is software for the Pocket PC. We can't believe that anyone would think they were buying an iPod."
Nonetheless, Kelly said StarBrite's website now includes several disclaimers stating clearly the product is not an Apple product and is not licensed or endorsed by Apple. There is also a link to Apple's site.
(StarBrite's site was down temporarily on Tuesday, due to a technical hitch, Kelly said.)
"It's very clear we're not selling an Apple iPod in any way," Kelly said. "We'll uphold any trademarks and patents (Apple) has, and we're negotiating with them to resolve the matter as quickly as possible."
