Apple Files ‘Made for iPod’ Suit vs Atico, Prepares vs Psystar

Apple Inc has filed a patent infringement and trademark lawsuit against iPod accessories maker Atico International USA Inc. Apple is also expected to take legal steps against Psystar Ltd., which sells computers based on Apple’s Macintosh software in violation of Apple’s software licensing terms.

Apple has devoted substantial time and resources to developing, manufacturing, and marketing its iPod brand of portable media players.

The first generation iPod was introduced in October 2001; the second generation iPod was introduced in July 2002; and the third generation iPod was released in April 2003. The current line of iPod products includes the iPod shuffle, the iPod classic, the iPod nano, and the iPod touch. Since its inception, the iPod has spawned numerous accessory devices manufactured and sold by companies other than Apple, including docking stations, speaker systems, AM/FM alarm clock radios, cables, adapters, RF transmitters, etc, which are designed to work exclusively with the iPod.

To ensure the quality and compatibility of iPod accessories with the iPod line of products, Apple implemented the “Made for iPod” (”MFi”) licencing program which allows manufacturers, distributors and retailers of iPod accessories to obtain the benefits of Apple’s proprietary technology, intellectual property and support pertaining to the iPod and to use the “Made for iPod” logo in their packaging and advertising.

In the Atico suit, Apple claims Atico’s Living Solutions line-up infringes five Apple patents. The allegedly infringing devices include Atico’s portable iPod speakers, an AM/FM portable boom box and an AM/FM alarm clock radio with iPod dock. Apple’s lawsuit contends:

Defendants herein manufacture and/or sell iPod accessories which are not licenced or otherwise sponsored by Apple. These products not only infringe Apple’s valuable intellectual property pertaining to the iPod, but they are advertised and sold in a manner that falsely and unfairly implies affiliation with Apple.

The lawsuit, Apple Inc vs. Atico International USA Inc. et al, filed in a U.S. District Court in Delaware asks for an injunction against selling the devices, which are now available online and at Walgreens and other major retailers. An Atico representative could not immediately be reached for comment.