By Jo Best, 15 August 2006 17:25
NEWS
Following Google's insistence that media outlets shouldn't be using the term 'Googling', Apple has become similarly protective over the word Pod - whether it relates to the iPod or not.
The Cupertino company has sent letters to at least two companies which include the word 'pod' in their product titles, asking them to "cease and desist" from using the term.
The two recipients of the letters are Mach5Products, which sells hardware including the disputed Profit Pod, a device for collecting data from vending machines, and TightPod, which manufactures laptop protecting covers.
Both have been warned they are infringing Apple's iPod trademark and asked to rename their products.
Sarah Wright, intellectual property solicitor at law firm Olswang, said Apple's decision to send a letter to Mach5Products is not unusual and they may not expect or intend to take the matter all the way to court. "It's common practice for big brand owners to send letters like thisÂ… If they don't police their brand properly and ensure that trade marks that are too similar to their brands don't get on the register, it makes it more difficult to enforce their rights against third parties," she said.
According to silicon.com's sister site ZDNet.com a letter from Apple's lawyers to Carolee and Dave Ellison, who run Mach5Products, read: "We believe there is confusing similarity between Apple's iPod mark and the Profit Pod mark.
"Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. Moreover, it has not gone unnoticed that, like Apple's iPod device, the Profit Pod product is a small, flat, round corned rectangular device with a display screen."
Mach5Products also applied for a patent on the name in 2004, which Apple has opposed and requested the company abandon in its lawyers' letter.
Wright said that the decision to file for trademark may have been the catalyst for Apple's move. "Often people think they must get a trademark," she said. "Sometimes they're better off not getting one and acquiring rights through tradingÂ…and avoid getting into these kind of scrapes."
TightPod has also been instructed to abandon a trademark application it had filed for to cover the TightPod in relation to MP3 players, with Apple once again citing possible confusion with the iPod.
Terry Wilson, who makes and sells TightPods, has responded by offering to remove the reference to MP3 players or for Apple to pay half the cost of a rebrand to lose the word pod. Wilson is also considering going to court over the matter.
Apple did not respond to requests for comment. It's not the first time Jobs and co have come over all precious regarding their trademarks. A German company, Liquid Air Tab, was sued by Apple earlier this year when the Mac maker alleged that Liquid Air Tab's Spodradio product infringed on its iPod trademark.
ZDNet's David Berlind contributed to this report
Comments
There are 9 comments. Join the discussion
1. anonymous
I was in Asda this week and they had Pea Pod's for sale....quickly call Apple and let them know so they can stop it
2. Mike Alexander
These sorts of disputes are getting more and more silly. With Apple (records) suing Apple (computers) over music and Orange and EasyJet fighting over the use of the colour Orange - where will it end? Apple taking a certain major fast-food chain to task over the word "Mac" perhaps.....as ever the only winners will be the lawyers.
3. Zakala
...and in 100 years time no-one will remember any of these products.
4. Sarah
Are Apple really that arrogant to think that they own the use of the word pod?
This word was around and in commercial use long before Jobs and Waz even first got together.
Oh I wish I was a lawyer .... I would be seeing plenty of $$$$ signs!
5. harry podder and his iMagic-nation
Why not sueing anyone with an 'i' in front of the trademark?
Well, come on, it's just a cheap publicity stunt. For sure costs them less than any ad in any iMedia... ups, iDidItAgain
6. anonymous
Didn't Gerry Anderson have a "Pod" for Thunderbird 2 way before Apple...!
7. Matt
Wasn't there a brand of shoes called POD in the late 80's early 90's? I seem to remember them being black moccassins..... they also did other clothing and watches too..... Maybe Apple'd better watch out.... Cox's and Granny Smiths might get riled by the overuse of the name Apple!!!
8. Malcolm Wilson
As someone who has worked on product identity for some time I can understand any manufacturer being worried that a piece of junk being marketed as what appears to be a product related to/produced by that manufacturer, could seriously damage its reputation.
However, despite being a dyed-in-the-wool Mac user I have to say that Apple is off-track on this. Protecting names like iPod, iLife, iSight etc is legitimate to me as these are not words in 'common usage'. The word 'pod' is and Apple will look pretty silly if they pursue this.
I doubt if they will, though. The 'offending' manufacturers will negotiate a good bundle of dosh to withdraw their name and the status quo will be restored.
I know! Let's ALL make money and market something under the name of, say, Macrosoft and when they complain...
9. anonymous
In the near future:
Apple has filed lawsuits against Amazon and Barnes and Noble to cease and decist from using the term "Book" in referring to any of their products for possible confusion over their iBook product.