Apple returned to its litigious ways
today in dramatic fashion as they launched an infringement suit against
the BBC’s flagship program, Doctor Who. The primary essence of the 426
page complaint filed the High Court in London is that the TARDIS
infringes on Apple’s UK and Worldwide trademarks for its’ Time Machine
backup product line. Specifically stated, ”The TARDIS is a rectangular
box which facilitates access to fixed points in time. Therefore it
infringes upon the registered Time Machine trademark as a device of
functional equivalence” Apple has adopted a
hardline stance of withholding all BBC royalty payments from the popular
iTunes media store until the matter is resolved.
Upon being informed of the pending legal
action, series re-creator Russell T. Davies is alleged to have begun
laughing uncontrollably, steadfastly refusing to believe that the suit
was in any way serious. A member of the BBC legal team was dismissive
of the suit; “Doctor Who has been traversing time in a blue police call
box since 1963. Unless Apple have imbued their product with actual time
travel capabilities, the courts will most assuredly recognize our claim
for prior affirmative use”.
There have been unconfirmed reports that
Apple has been, somewhat uncharacteristically, engaging in settlement
negotiations with the BBC. Reportedly, the offer on the table involves
Apple paying a relatively modest “development” fee to the BBC in
exchange for certain branding and product placement considerations to be
implemented within the Doctor Who franchise. These are included, but
not limited to: Exclusive use of Apple branded mobile products by the
Doctor and any companions, 7 day exclusivity for all digital media on
the iTunes store, and subtle branding on the TARDIS control panels.
There are two points of contention that will invariably evoke the wrath
of loyal fans. The first is Apple logo placement on the Sonic
Screwdriver and the second involves changing the name of the Doctors
intergalactic mobile home of 50 years to the iTARDIS.
In addition to intense interest form the legal and media communities; those focused on branding are closely monitoring
the outcome of this case. “Apple’s legal battles have historically been
waged against antithetical brands such as Samsung, Microsoft, and
Google. If you are a fan of Apple, you’re probably not enamored of the
other” notes branding expert Fred McClimans. “Apple is walking a very fine line here. Forcing people to choose between icons is rarely a recipe for success”.
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