90 Comments
- ThisIsBob, on 10/11/2007, -18/+86So anything beginning with an "i" in it now belongs to Steve? iBarf.
- PumpkinEscobar, on 10/11/2007, -9/+64iGasm gives Apple an iSpasm?
- nymphetamine, on 10/11/2007, -14/+63"Apple is claiming the ad to be an abuse of the silhouette-based images it uses in its own advertising."
Now anything with silhouettes belongs to apple. - aleishman, on 10/11/2007, -7/+47Finally, an ad that does not make the iPod look effeminate.
- DreKor, on 10/11/2007, -4/+44buried for you lack of grammar and sexual prowess.
- turpenine, on 10/11/2007, -13/+50It is pretty obvious they copied apple. apple isn't going to sue all silhouettes or anything. You guys are being ridiculous.
- dougmc, on 10/11/2007, -2/+36`It is parody, but does diminish the market value of iPod, so it might not be fair use.'
If it's parody, it's fair use, period. Diminishing the market value of iPod (whatever that means) doesn't matter.
HOWEVER, I'm not sure this qualifies as parody. They're not making fun of iPods -- they're selling their own products.
Also, iPod is a trademark, not a copyright -- one that they didn't infringe upon. (iGasm is not likely to be confused with iPod.) As for the silhouette-style advertising, I don't know if you can copyright or trademark that or not -- but it definitely screams Apple and iPod. But that combined with an iName, maybe Apple does have a case -- it depends on how the court sees it. But case or not, Apple probably has more resources to fight it with, and so it wins by default. - Miche1987, on 10/11/2007, -0/+33@drekor:
Dugg up for irony. - JDoorjam, on 10/11/2007, -1/+28@mannymix03: the "/clever" tag is nice and tidy of you, but make sure next time to start being clever first.
- meshman, on 10/11/2007, -6/+31That's what I was going to say but it's not over the "i". It's the fact she's using the same imaging in her advertising as Apple does. They likely have a case.
- rnwen2750, on 10/11/2007, -2/+23Shouldn't it be "iGasm gets Apple iRate"?
- CountryBoyRI, on 10/11/2007, -4/+23This case is a pretty blatant ripoff.
She's using the same style artwork. A loud color with a black sillouhette, carrying a white electronic device that looks conspicuously like an iPod until you realize that the shape is different. She *might* even be mistaken for being in a dance pose. Further, the name is an obvious rip-off of the iPod naming conventions, and it's designed to be used with music players--including the iPod.
Yeah, Apple's definitely got a case. Whoever dreamt up this ad campaign is either a genius or has no legal savvy whatsoever (or both). - DarthJay, on 10/11/2007, -7/+25iDontCare :)
Now Steve is going to sue me, too. - DreKor, on 10/11/2007, -3/+17irony what was totally intentional ;)
- SundayTrain, on 10/11/2007, -5/+18Old Idea..
http://www.geneffects.com/briarskin/ibrator/ibrator.html - JDoorjam, on 10/11/2007, -1/+13... how bad an idea is it, really? It's now on Drudge and on Digg; they'll sell thousands of them now.
- philba, on 10/11/2007, -0/+10it most certainly is not parody since it is an advertisment (and thus serious). But isn't the parody ruling American? This retailer is in the UK.
- turpenine, on 10/11/2007, -3/+13why would she need two? are you that awful at satisfying her?
- MacParrot, on 10/11/2007, -2/+11With an iGasm, Ann Summers apparently doesn't need Apple to give her a kiss...or any other man I suppose.
- jonathan95060, on 10/11/2007, -1/+10"Ann Summers hasn't bowed to Apple's threats, the report explains"
perhaps they'd prefer she kneel or bend over. - break99, on 10/11/2007, -1/+9I agree that the ad is really much like apple's but frankly the products can hardly compete against each other. apple should thank them.
- zooanimalia, on 10/11/2007, -6/+14That was long, long overdue.
- turpenine, on 10/11/2007, -6/+12@embrace, but it is saying to moms, hey, the ipod is also a sex toy! watch out!
- Gatesophile, on 10/11/2007, -2/+8Good idea for a product, bad move to advertise your product to look like an Apple product.
- CountryBoyRI, on 10/11/2007, -2/+7Here's hoping you're a woman.
(Not that there's anything wrong with it if you're not.) - 0crabby0, on 10/11/2007, -3/+7Just call it the Xpod, or XXXpod - problem solved...
- krakdaddy, on 10/11/2007, -2/+6I need this.
- SirBotchness, on 10/11/2007, -3/+7yea cause the iriver clix is apple. I see what you're saying, but once a trend gets popular other people will use it, and you can't copyright every word with a little "i" in front of it.
As far as the silhouette thing goes, screw'em. It still uses an ipod to work, so its only natural that you mimic an apple ad to push the product. Honestly, is this ad even on TV? - ronsii, on 10/11/2007, -0/+4We'l no wonder if you had something other than the 'Sound of Music' playing on it she might have gotten into it(or the other way round')
- DiggzDE, on 10/11/2007, -0/+4I showed my gf this product a while back. She didn't digg it.
haha - BobMysterioso, on 10/11/2007, -1/+5What a massive round of telephone that story was. You are right on outcome - WAY off on facts.
Falwell v Hustler - a parody advertisement was posted in Hustler for Compari - the story was about him having sex with his mother in an outhouse. It was 1982.
http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell - gllopc, on 10/11/2007, -0/+4I'll settle for a self-inflicted guyGasm, thank you.
- merreborn, on 10/11/2007, -0/+3In Hustler Magazine v. Falwell, Hustler's parody was simply parody. They weren't actually selling anything with the advertisement.
- abeg, on 10/11/2007, -0/+3link to product
http://www.annsummers.com/single.asp?gid=7&cat=2&pid=4294&QSI=cb89de19-0b10-4645-aa7d-41a6f8e2f19e - Ramble, on 10/11/2007, -2/+5Like the iPhone?
People were using iSomething way before Apple thought of it. - merreborn, on 10/11/2007, -0/+3The word is "orgasm", not "ogasm".
- flag564, on 10/11/2007, -4/+7Exactly right, ramble.
It was popular in the late 90s to put "i" in front of product names. the iMac was just one in a string of devices at that time that did it.
Apple didn't invent that, and has no right to that way of naming products or preventing people from doing the same. - igm07, on 10/11/2007, -1/+3Nobody's mentioned this yet: the ad is beautifully executed. There are plenty of ways to play the iProduct gambit badly. Hats off to AS for an elegant and incredibly effective ad campaign, thanks to publicity generated.
- DavidDigg, on 10/11/2007, -0/+2This is so obviously a publicity stunt to sell more iGasms and iPods.
- dougmc, on 10/11/2007, -2/+4mikewitt --
It was Hustler. http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell
You also don't seem to understand the case very well. Perhaps you should watch `The People vs. Larry Flynt' again?
And your logic is flawed anyways. Even assuming that the court ruled that `ALL parodies, as long as they're not using the material being parodied (so they can use original work only) is covered under fair use', that doesn't mean that THIS is a parody.
Also note that that case went all the way to the Supreme Court. If somebody sues you, and the case goes all the way to the Supreme Court, even if the SC says you won, you've lost -- you've probably spent millions in legal fees getting there. - GeezerD, on 10/11/2007, -0/+2iCunt understand what all the fuss is about.
- ahawks, on 10/11/2007, -5/+7I'm with turpenine.
Yeah parody is one thing, but this doesn't look like a parody to me. The color tones, the pose of the model, the obviously standing-out white earbud cables.
Apple is notorious for being too aggressive with protecting it's IP, trademarks, image, and secrets, but this one does seem like a ripoff. - EvaMonkey01, on 10/11/2007, -2/+4Ann Summers is GENIUS for thinking this up, it gets the name out there, it advertises it across the web, there could be a stink about this on the news so it could go national.
Whatever money they lose they are sure to make back and more.
I salute the makers of "Back Massager's" - lordelph, on 10/11/2007, -0/+2Wait till Apple hear about iCock Nano.... http://www.youtube.com/watch?v=SlIY7Sp_RXY
- romeosc, on 10/11/2007, -0/+1Maybe it should be named "iPrck"!
- CourageousRobot, on 10/11/2007, -0/+1While the quote may be humorous, the linked site is a spam site intended to generate ad-revenue only. Bury as spam.
- dobba, on 10/11/2007, -0/+1Of course this is publicity. Ann Summers knew this would cause a storm. It will get a sex toy all over the news when they're generally frowned upon in the regular media - it's not like you get vibrators splashed all over the mainstream media every day. This will do!
Just damn good marketing really. Fair play to them. - Gatesophile, on 10/11/2007, -0/+1That's true. but once you get Apple involved it all goes downhill from there in terms on lawsuits and such.
- trigatch4, on 10/11/2007, -2/+3BY FAR THE BEST IGASM QUOTE:
"If you test out the product, we’re eager to hear how the experience differs depending on your preference of genres. For example, Louis Armstrong fans may not have such a “Wonderful” but rather boring experience while a rock fan plugging in to “Bulls on Parade” may have their own little “Rage Against the Machine”."
Source: http://www.igasm.info - booyaben, on 10/11/2007, -1/+2replacing the o with an arbitrary vowel gives you a 25% chance of an i, purely fate.
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