Search the Issue Archive

Volume19
Year2010
TitlePodWars: Too Big of a Bite or Free-Riders' Red Herring?
Author(s)Chris Sclimenti
First Page315
AbstractThe issue I am discussing here is whether the claims made about Apple's overzealousness, and the suspicions about Apple's motives, are warranted at this time. I say we are too quickly taking the side of the little guy, and that it's too early to tell. One still-plausible explanation for Apple's actions is that the parties it is pursuing are either free-riding or downright infringing. The "'Pod' Wars" are what our courts, and trademark law, are here for.