A few days ago, we here at Bearded Pony received news from Apple regarding our newest submission to the app store – iShake it. Unfortunately, the news is not good… apparently, Polaroid has expressed concern over copyright infringement on similar applications, so here’s what apple said:
Dear Mr. Tanzillo,
We received your application named iShake It Camera, which appears to include features that resemble Polariod photographs. Polaroid has previously objected to other applications that include features that resemble Polaroid photographs, and believes that such Polaroid features infringe its rights.
Before we proceed with your application, please take steps to review your application to ensure that it does not violate the rights of another party. Remember that, pursuant to our agreement, you have represented that your application will not infringe the rights of any third party, and that you are responsible for any liability to Apple because of a claim that your application infringes another party’s rights. Also, we may reject or remove your application if we believe that doing so is prudent or necessary.
With this in mind, so that we don’t take unnecessary steps, please confirm whether you wish to continue the application process within five days of this letter.
Still, this is not a big deal… I think. They’re just trying to cover their ass in case Polariod wants to sue. So I make the following case for the good guys:
Thank you so much for your detailed response. We at Bearded Pony do not believe that the iShake it camera violates the rights of the Polaroid corporation in any way. We did our best to consider this issue in the development of the application, and therefore, took the following precautions to ensure that we were well within our bounds and respectful of the Polaroid corporation’s intellectual property:
1. We created all images and sounds from scratch so as not to use images Polaroid’s products against their will
2. The instant camera experience that we are replicating is not unique to Polaroid. There are several other instant camera makers that provided a similar experience such as Keystone and Konica
Thanks again for your attention. We would like to continue the application process for iShake it Camera.
Not too shabby if I do say so myself… however, I guess I’m not quite as charming as I think that I am because here’s what I got back:
Dear Mr. Tanzillo,
Please provide documentation evidencing that you have authorization to associate with POLAROID and to use the POLAROID white-border trade dress (reference attached screenshots).
The attached screenshots were actually the ones that I submitted… I have spent the last couple of days contacting Polaroid, but to no avail. I’ll keep fighting the good fight, but right now, things are not looking great. Don’t stop believing, though, kids.
P.J. the Pony