All you "pod" or "ipod" domain people: "Apple go to war over 'pod'"

[OvenMitt]

http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=407213&in_page_id=1770

Apple is waging war against companies that use the word "pod" in product and company names, arguing customers will be confused by what brand they are buying.

The action has been fuelled by Podcast Ready, a 13-employee company, which has developed software to allow podcasts to be delivered directly to digital music players.

Lawyers for Apple, makers of the iPod, have demanded the corporation stop using the word "pod" in its name and software.

But Russell Holliman, who found Podcast Ready in November, is undeterred and said he will fight the technology giant.

He said: "We've built a lot of value in the term Podcast Ready. To the extent that if we can we're going to try and stay the course and continue what we're doing."

The firm has partnered with makers of MP3 players, pre-loading its MyPodder software on all shipped music players, with its Podcast Ready logos on the packaging.

It's launching a version that works with the Apple iPod tomorrow.

Apple has existing registration and pending trademark applications in the US and abroad for the words "iPod" and "pod."

It said: "The term pod has been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's iPod player."

Podcast Ready has until October 5 to respond.

Just an FYI

 

[Ronald Regging]

Wow, wonder if they'll go after the owners of pods.com

I think it's rather ridiculous to claim rights to a word like pod, but considering that the other company is related to portable music technology, Apple probably stands a good chance of winning. And there's really no refuting the statement that in that marketplace, pod is synonymous with ipod...

 

[JBebbington]

podcasts are not just about ipods anymore, and as far as I am aware apple dont own the brand "podcast" do they?

 

[Dan]

http://www.macrumors.com/pages/2006/09/20060925232535.shtml

 

[Joey]

I'd agree, Podcasts really aren't just related to iPods anymore... it's a thing that has expanded. I don't see how Apple can cause them to cease using the name "Podcast Ready". When I think of a podcast, I don't associate it with an iPod.

 

[Dan]

I do think of something iPod related. I always thought it was until I actually looked at one.

 

[vincenzo]

Surely they cannot claim POD as their trademark?!

http://en.wikipedia.org/wiki/POD
http://en.wikipedia.org/wiki/Line_6

No way!

- Vince

 

[jamesau]

How they will get a TM on 'pod' I do not know. Aside from it being a generally used word, it is also a fairly large footwear brand already - see http://www.pod-gear.com - If anyone has the right to a TM on 'pod' it's them.

 

[Ronald Regging]

Well it's more that they argue that in this particular market (portable music players) they have a TM on the term pod, because of all the branding put into the iPod and the fact that the term "pod" in that market is generally used to refer to ipods... I personally don't know anyone who would abbreviate a 4 letter word with a 3 letter word, but thats just me...

Regardless... they have a strong case since the other company in question is dealing in the portable music player market, but it may end up being a case where the popularity of iPods and the assimilation of the term "pod" has become so widespread and used that it falls into public domain and they have absolutely no right to it.

It'll be interesting to watch nonetheless.

 

[AdoptableDomains]

I thought of the situation today when going through the drive-thru at Burger King. They have a sign up touting a new frech fry container that's supposed to fit in standard auto drink cup holders. They call it the Fry-Pod. That's obviously a play on the iPod name popularity. Think we'll see Apple go after Burger King?

 

[Ronald Regging]

I thought of the situation today when going through the drive-thru at Burger King. They have a sign up touting a new frech fry container that's supposed to fit in standard auto drink cup holders. They call it the Fry-Pod. That's obviously a play on the iPod name popularity. Think we'll see Apple go after Burger King?

You know, I got BK about 2 weeks ago and thought the exact same thing then... Domaining really changes your thinking patterns, haha.

Maybe we should write a letter to the legal team at Apple and inform them of this, because you know lawyers dont eat BK, so they wouldn't know about it. Then we sit back and watch the hilarity ensue.

 

[DNQuest.com]

In TM law, a word can have different TM meaning (IE- Apple Records, Apple Computer). "pod" would depend on the catagory it is associated with.

 

[jamesau]

Based on the Apple Records and Apple Computer reasoning, Podcasts could be regarded as 'records' while iPods go down as a 'computers'.

 

[DNQuest.com]

It wouls solely depend on a judge accepts or rejects the arguement about the secondary meaning of "pod"... Apple will try to overreach and the defendant will try to dilute the meaning. It will come down to who ever BS makes the better impression.

 

[IAmAllanShore]

How they will get a TM on 'pod' I do not know. Aside from it being a generally used word, it is also a fairly large footwear brand already - see http://www.pod-gear.com - If anyone has the right to a TM on 'pod' it's them.

It's not the right to the word in any "all-encompassing" sense, but rather that I can't make an MP3 player tomorrow and call it an "aPod" with impunity.

Footwear vs. MP3 players? No real comparison, :imho:

Much like:

Delta Airlines
Delta Faucets
Delta Powertools
Delta College
etc. etc. etc.

Speaking of, Steve Wozniak is on the Colbert Report right now

-Allan :gl: