“Psystar…has built its business on infringing Apple’s copyrights and trademarks, free-riding on Apple’s research and development efforts, and trading on Apple’s hard-earned reputation for high quality, innovative and easy-to-use computers,” Apple said in its motion.

“Psystar’s appropriation of Apple’s intellectual property and goodwill has been systematic and brazen, from the name of Psystar’s ‘OpenMac’ computers to its deliberate pirating of Apple’s Mac OS X,” the company added.

“Psystar even seeks to profit from Apple’s efforts to protect its rights, extolling this litigation as Psystar’s ‘opportunity to gain market share,’ in a pitch to venture capitalists….Unless Psystar is permanently enjoined, it will not stop its unlawful conduct–conduct that is causing irreparable harm to Apple’s business, brand and goodwill.”

Catch that? Psystar was pitching VCs on its plan to use Apple’s IP to “compete directly against Apple.” Shameless. Little wonder Cupertino is so intent on burying the would-be rival.

And make no mistake, Apple legal is going to grind Psystar into fine silicon dust. In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple’s expert witness, statutory damages for the former should run “between $1500 and $300,000″ and for the latter “between $449,500 and $4,495,000.”

Suffice it to say, that’s quite a bit more than the current value of Psystar’s assets which, according to its bankruptcy filing, are no more than $50,000.

At $12.34, Palm (PALM) is up well over seven percent as I write this, a nice gain that more than offset the four percent drop the company’s shares suffered last week. Clearly, the market is expecting a lot of the Pixi, and according to some analysts, it may get it. In a note to clients Friday, RBC analysts said they “expect positive consumer reception and healthy sell-through,” for the Pixi.

But not everyone agrees with RBC’s cheery assessment. Ashok Kumar, an analyst at Northeast Securities, has a much dimmer view of Palm’s prospects in the months ahead. He says his sell-through checks show a “substantial decline” in recent Pre sales.

“As a fading brand, carriers are likely to see better returns on their promotional and advertising dollars with other vendors,” Kumar writes. “WebOS has negligible smartphone OS share, 0.2 percent per Gartner estimates, and is unlikely to attract any meaningful third-party application support. Palm has bet the farm on webOS and there is a real possibility that they may not achieve critical mass.”

Perhaps. Perhaps not. We’ll see in the months ahead.

“At the end of the June quarter, Apple was having difficulty keeping the iPhone 3GS in stock; the product seems to have exceeded Apple’s internal expectations,” Munster writes in a research note today, explaining that he sees two primary reasons for the uptick in demand.

In the first place, according to Munster, “Apple’s App Store has been a huge success (65k+ apps and 1.5b+g downloads), and app developers (like Sirius/XM, ESPN, etc.) are promoting their apps, and meanwhile providing free advertising for the iPhone platform (which spurs more iPhone sales, app downloads, and the cycle continues)….”

Second, Munster continues, “The smart phone industry has effectively crowned the iPhone and its App Store the gold standard among touchscreen mobile experiences, and competitors are trying to copy the device and its software. In so doing, the iPhone’s competitors are actually promoting the iPhone, and we believe, driving sales of the device similar to the manner in which competing MP3 players drove sales of the iPod as the gold standard in 2004 by defining themselves in comparison to it.”

Hard to disagree with that assessment given that some of the handset ads we’ve seen recently, particularly from Palm (PALM) and Sprint (S)–see ad above–which, though they insist the Pre was never intended as an Apple (AAPL) iPhone killer, can’t help but compare the two devices in their marketing materials.

The brand and marketing analytics firm released its BrandZ Top 100 report (PDF) today, pronouncing Google (GOOG) the number one brand for the third consecutive year. The company’s brand equity: $100 billion, a first for the study.

While Google dominated the study’s rankings, it wasn’t the only tech company to make it into the top 100 or the top 10, for that matter. Microsoft (MSFT), IBM (IBM), Apple (AAPL), China Mobile and Vodafone (VOD) topped the list as well, ranking second, fourth, sixth, seventh and ninth respectively.

“Five of the top 10 in the BrandZ Top 100 are technology brands,” Millward Brown Optimor said in its report. “The rapid ascent of these brands and their high values reflect the strength and velocity of the technology category, which grew by 2 percent last year,” the report reads. “The rising popularity of online search advertising, which is cheaper than display, is benefiting Google which owns 73 percent market share in this area.”

Below, Millward Brown Optimor’s top tech brands (click to enlarge):

Reporting second-quarter earnings this morning (release, investor presentation), Sprint (S) posted a loss of $384 million, or 13 cents a share as customers defected to rival carriers. Revenue tumbled 10 percent to $8.14 billion.

Analysts surveyed by Thomson Reuters expected a loss of two cents on revenue of $8.13 billion.

A nasty miss, and one made worse by the loss of 991,000 subscribers in the crucial postpaid category. This after the troubled wireless carrier lost more than one million postpaids in the first quarter of 2009 and 1.27 million in the quarter prior to that. Sprint’s total subscriber count today: 48.8 million. As I said earlier this year, Sprint is hemorrhaging subscribers like Dan Ackroyd’s exsanguinating Julia Child.

And the Pre hasn’t done much to stanch the bleeding, though CEO Dan Hesse says Palm’s (PALM) smartphone has helped some. “In the second quarter, we made further progress on our efforts to enhance financial stability, improve the customer experience and reinvigorate the brand,” he said in a statement. “The widespread visibility surrounding our record-breaking June launch of the Palm Pre handset gave us an unprecedented opportunity to showcase these improvements to customers as ‘a new Sprint.’”

Indeed. Too bad so few people seem to be interested in them.

UPDATE:
During a conference call with analysts, Hesse suffered a barrage of questions about the Pre, its sales and how Sprint is faring against the iPhone 3GS. He declined to provide sales figures for the Pre and said only that its introduction has helped stave off customer churn. “I don’t want you to think there’s no impact from the iPhone,” he said. “It’s a successful device, but we’ve mitigated the impact with a strong device lineup.”

This morning, Sprint Nextel said it will acquire Virgin Mobile USA in a $483 million stock deal that will give the company a clear lead in the prepaid arena, where low prices are becoming ever more popular with consumers beaten into submission by the continuing recession.

For Sprint (S), which already owns 13.1 percent of Virgin Mobile and which allows the mobile virtual network operator to use its network, this is a wise move. It brings to the company some five million customers who are already using its network, and more than doubles the size of its prepaid business, Boost, which has recently had quite a bit of success.

“The acquisition of Virgin Mobile USA positions Sprint for even greater success in the prepaid wireless segment,” Sprint CEO Dan Hesse said in a statement. “Prepaid is growing at an unprecedented rate with consumers keenly focused on value. Virgin Mobile is an iconic brand in the marketplace that will complement our Boost Mobile brand.”

That said, the deal is not without its difficulties, as Bernstein analyst Craig Moffet explained in a research note this morning.

“The acquisition nudges Sprint further along in its metamorphosis into a prepaid and wholesale operator,” he wrote. “However, this deal, and the strategy shift in general, does nothing to address the key issue that Sprint faces, namely the continuing meltdown of its much higher value postpaid business. Closing the deal and integrating Virgin may consume management’s time and distract them from what should be their primary focus.”

“The ‘PC Hunter’ ads, the ‘PC Rookie’ ads clearly have been winners in the marketplace,” Turner said. “And you know why I know they’re working? Because two weeks ago we got a call from the Apple legal department saying, ‘Hey’–this is a true story–saying, ‘Hey, you need to stop running those ads–we lowered our prices.’ They took like $100 off or something. I did cartwheels down the hallway. At first I said, ‘Is this a joke? Who are you?’ Not understanding what an opportunity. And so we’re just going to keep running them and running them and running them.”

But only after tweaking the ad in question to reflect Apple’s recently lowered prices, Ad Age reports.

Microsoft’s (MSFT) Laptop Hunters ad, which once depicted the supremely annoying “Lauren” opting for a $972 Dell (DELL) laptop over a $2,000 MacBook Pro now features no reference to that machine at all. Which is appropriate, since it was replaced with a new $1700 model in early June. And now, rather than harping on that $2000 price point, “Lauren” simply suggests that Mac users are “paying a lot for the brand.”

Not nearly as much as Microsoft is paying for these silly commercials. Anyway …

“We slightly adjusted the ads to reflect the updated pricing of the Mac laptop shown in the TV advertisement,” Microsoft told Ad Age. “This does not change the focus of the campaign, which is to showcase the value and choice of the PC.”

The new ad:

<br/><a href="http://video.msn.com/video.aspx?vid=6c7197c6-e6ac-4070-8aa0-e76ec5634ebe" target="_new" title="Laptop Hunters $1700 - Lauren and Sue get a Dell XPS 13">Video: Laptop Hunters $1700 &#8211; Lauren and Sue get a Dell XPS 13</a>

The old ad:

<a href="http://video.msn.com/?mkt=en-us&#038;playlist=videoByUuids:uuids:0170090f-53b2-40fc-89a4-c759cb088e0a&#038;showPlaylist=true" target="_new" title="Laptop Hunters $1700 – Lauren and Sue get a Dell XPS 13">Video: Laptop Hunters $1700 – Lauren and Sue get a Dell XPS 13</a>

Under the terms of the deal, the retailer will acquire all outstanding Zappos shares in exchange for roughly 10 million shares of Amazon common stock, valued at about $807 million, and some $40 million in cash and restricted stock. Amazon (AMZN) says the deal should be completed by fall.

“This morning, our board approved and we signed what’s known as a ‘definitive agreement,’ in which all of the existing shareholders and investors of Zappos (there are over 100) will be exchanging their Zappos stock for Amazon stock,” Zappos CEO Tony Hsieh said in a post to the company blog. “Once the exchange is done, Amazon will become the only shareholder of Zappos stock….

“We think that there is a huge opportunity for us to really accelerate the growth of the Zappos brand and culture,” Hsieh continued, “and we believe that Amazon is the best partner to help us get there faster. Amazon supports us in continuing to grow our vision as an independent entity, under the Zappos brand and with our unique culture.”

“Zappos is a customer focused company,” said Amazon CEO Jeff Bezos in a statement. “We see great opportunities for both companies to learn from each other and create even better experiences for our customers.”

If the shoe fits, right?

Below, Bezos announces the acquisition in person.

Gone are the days of the silly clock-speed race, the megahertz myth, “performance per watt” war and the great AMD (AMD)-Intel dual-core PR shootout. Now Intel wants us all to know that while it’s still “inside” our PCs, it’s outside them in a variety of other ways as well. “Many people take for granted what we as a company helped drive,” Intel spokesman David Dickstein told MarketWatch. “We’re hoping that we’re not just known as a microprocessor company, but as a move-society-by-quantum-leaps company.”

What has become of the Sony known for its technology? I hope it will solve its problems soon to quickly recover its brand image reputed for technological prowess.”

– Japanese Economy, Trade and Industry Minister and former Sony employee Akira Amari, October 2006

Now that Sony’s old guard has taken what was once a strong electronics and gaming brand and run it into the ground, the company’s new guard is circling back to resurrect it. This morning the company announced a management overhaul that will see CEO Howard Stringer succeed Ryoji Chubachi as president and assume responsibility for Sony’s key electronics division. It will also see the creation of two new business groups: The first, Networked Products & Services Group, will consolidate Sony Computer Entertainment, the company’s Vaio division and its mobile and Walkman unit. The second, the New Consumer Products Group, will include Sony’s TV, digital imaging, home audio and video businesses. Spanning the two groups will be a cross-divisional software and technology unit charged with ensuring compatibility among their products.

Sony (SNE) says its new structure is aimed at giving the company the agility it has so sorely lacked for so long and to “speed up the transformation of Sony that was started four years ago,” which has all but stalled, if the company’s recent financial performance is any indication. “Have I broken down all the silo walls? No,” Stringer told the New York Times. “Are they very strong and very thick? Yes. But we’ve broken down a lot of them. Our goal is to continue to do that. We have two distinct challenges facing us. The first is the global slowdown, which forces us to make significant adjustments. The second challenge is the evolution of our competitive environment. New competitors springing out everywhere.”

If Amari can recall when that was Sony’s image, he has a good memory. Because Sony (SNE) lost its dominant position in consumer electronics to rivals in Japan, South Korea and the U.S. long ago and has yet to regain it.

And nowhere is that more apparent than in the the company’s videogame division, which really should be the shining star in Sony’s core electronics business. Sales of Sony’s Playstation 3 console fell 19 percent year-over-year in November, according to NPD. This while sales of Microsoft’s Xbox 360 rose eight percent and sales of Nintendo’s Wii doubled. U.S. consumers purchased two million Wii consoles and 836,000 Xbox 360s last month. But they bought just 378,000 PS3s.

Ugly news for Sony and for CEO Howard Stringer, who’s promised the company’s games division will turn a profit this fiscal year after two years of losses. Clearly, Sony’s going to have a tough time managing that. No easy task peddling the $399 PS3 to a public that would much prefer to spend $150 less on the Wii.

In Futurama, our characters are thoroughly inundated by advertising, especially subliminal advertising that comes out of your pillow into your dreams.

– Futurama creator Matt Groening, February 1999

How do you persuade TV viewers to watch advertisements when the DVR has accustomed them to skip through them? That’s the dilemma facing television and cable networks today, one that’s so far defied a solution. But perhaps not for much longer.

The Times Online reports that the evil geniuses at Keystream have developed a new overlay advertising system that scans video content for open spaces–an unadorned wall, for instance–and slaps an ad on it, embedding it directly into the programming.

“There’s a lot of potential,” said Simon Fell, head of future technology at ITV, a company that’s testing Keystream’s technology on its ITV Local site. “If there’s a scene in a program where there’s time, then it could give us a chance to get an ad away. But obviously on television you won’t be seeing one of these appearing at a crunch point in a drama.”

Really? In this age of product placement? Ever see the list of brands plugged in the “Sex and The City” movie?

If ITV’s tests prove successful it’s only a matter of time before we begin seeing Garmin GPS ads etched into the beaches of “Lost” or Levitra logos popping up willy-nilly on “Desperate Housewives.”