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Apple Warns Companies About 'Pod' Naming
eldavojohn writes "In what may be a case of trademark trolling, Apple has issued warnings to makers of other electronic devices containing the word 'pod.' Two companies have been asked to remove the word from their products. Why might this be a mean action by Apple? These two companies don't manufacture MP3 players as one would think would cause confusion. From the article:
Profit Pod is a device that compiles data from vending machines, while TightPod manufactures slip-on covers designed to protect electronic products such as laptops and MP3 players.Back in the day, if someone was calling an electronic device a 'pod,' I would have thought they were talking about Line 6's Guitar and Bass pods (which I believe have been around for a while). How come they aren't warning Apple about their iPod naming?"
...
As to "how come they aren't warning Apple about their iPod naming"; sounds like a fallacious point to me, since the answer is pretty clear: they apparently chose not to "warn" anyone. Also, see the previous point above.
The iPod is practically on the cusp (if not already) of being one of those universal words that is synonymous with "portable music player" - and, in this case, not even because of the same reasons as Kleenex and Xerox, but because nearly all - over 92% - of all hard drive-based portable music players actually are iPods.
So when Apple vigorously protects a mark of a product that is so well known and universally popular and desirable (yes, it is "desirable" to most people - that's why there are so many of them, at the price of entire entry level computer systems, no less), even when individual instances could be deemed questionable by others, is it any surprise?
Also, both of these products - Profit Pod and TightPod - are new products, released long after the iPod has been established; while it might be questionable that the former is could be mistaken for an iPod, the latter is an accessory for portable music players. And regardless, Apple needs to defend the mark against real or perceived threats, lest an entity in the future claim that Apple wasn't vigorously protecting it from even possible infringement.
For a mark and product as important as iPod, is it surprising that a company would be very thorough in protecting it? (Does this suck for smaller companies who might not have intended infringement, like Profit Pod? Yep. But if there is a possibility of non-defense in that instance ever being used against Apple as an argument that the mark wasn't properly defended, well, I'm sure you can at least understand the reasoning. Further, the "TightPod" was clearly chosen to play of iPod, unless you ca argue with a straight face that the word "Pod" was just coincidentally included on a protective cover for "portable music players".)
You know what they say about trademarks: protect them, or lose them - especially in an environment where someone might claim the owner didn't protect it.
Dave. Open the pod bay doors, Hal.
Hal. I'm sorry, Dave, I'm afraid I can't do that.
Dave. What's the problem?
Hal. Apple discovered my ties to IBM and issued a cease and desist order. You are no longer allowed to open the pod bay door.
Apple's afraid that the term ipod will become generic (genericided?). Suing random '*pod' named businesses show's they're 'actively defending' their mark.
Problem is more with trademark law than apple methinks.
For a mild laugh, check out the tightpod website (one of the sued comapnies) - spandex clad notebooks (including tiger skin for the suitably inclined osx user)
There are shills on slashdot. Apparently, I'm one of them.
Are they also going after Burger King for packaging their medium size fries in a "FryPod"?
Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
The blueroom minipod speakers have been around for longer than ipods, and they also have the word 'mini' in there!!!1
They've gone half-way, but now it's time to make SURE that the iPod's name will never be infringed upon. The next logical step is to not allow others to use any name beginning with the letter "i", ESPECIALLY a lower-case "i". Good for Apple, glad to see they're supporting free speech! Because I know that if I see a piece of technology with the word "pod" in it, it immediately becomes indistiguishable from an MP3 player.
Ride the skies
Hey, I did a bit of research on Line 6. According to Wikipedia, the iPod debuted on October 23, 2001 (or at least was unveiled).
Thanks to the internet archive, there is evidence of Line 6 having fully developed pods for sale during 2000 and 1999.
I mentioned this in the summary because I used to play bass pretty regularly and I recall around 2002 when all of the sudden these devices were the de facto standard for high quality multi-effects. Everyone came into the store I worked at asking for "pods." I recall when iPod came out that I was figuring there might be fall out but it never came. They're both associated with playing music but with completely different markets. I only wonder what logic Apple is using to sue these companies using the term Pods.
Afterall, there's a company called Pods that owns www.pods.com that rents pods for people to move their stuff in and that was established in 1998. I'm sure they've trademarked 'pod.' It's so funny how Apple is sending to cease and desist letters to companies when they should send themselves one. What a crazy double standard.
My work here is dung.
Open the Music player doors Hal.
liqbase
When you were small, Apple Records could put the squeeze on you for being "Apple Computer". But when you get big, you get to do to unto others as once you hoped would not be done unto you.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
I really hope that no one confuses the maker of the Profit Pod with Apple. There is a slight difference in the websites. I know that there are music related products out there that have tried to use the suffix "pod" in order to score some points from Apple, just like a Korean company started marketing the Super Shuffle. These products are questionable, but there is no way that a data collection device for arcade machines infringes on Apple or the iPod product family. Microsoft isn't attacking OpenOffice and WordPerfect Office. I think Apple is really out on a limb on some of their cease-and-desist operations.
Information wants a fueled airplane waiting at the hangar and no one gets hurt.
How come they aren't warning Apple about their iPod naming?
Because unlike Apple, they don't have a history of being overly litigious. Apple has sued or threatened to everyone from their own customers, to Google.
Rock is dead. Long live scissors and paper!
Dave. Rotate C-pod, please, Hal.
Frank. What sort of trouble have you been having, Dave?
Dave. I've been getting some interference on D channel.
Frank. Hmm. We'll have a look at it.
Dave. Open the door, Hal...Rotate pod, please, Hal...Stop pod rotation, please, Hal...(turns off switches for communications)...Rotate the pod, please, Hal...(louder) Rotate the pod, please, Hal...I don't think he can hear us.
HAL. I can hear you fine Dave, It's just Apple won't let us call any self contained unit a pod anymore. And to think, I used to enjoy working with human beings.
The lawyers of Apple are quite happy to harp on about "not letting names fall into public domain" and "brand recognition" but when I suggested that it might be nice for Apple to be a little less threatening to companies who have little to do with their field, such as that only an idiot in a hurry could mix them up, they looked at me like I was no better than Howard Scott Warshaw. The Swines!
*''I can't believe it's not a hyperlink.''
If anyone is keeping track, there are obviously lots of things called "pods" One that comes into mind for me is the NAI Sniffer "pods" which were network connection dongles to sniff various network technologies.
The problem is an absolutely stupid and misguided part of US trademark law called the Federal Anti-Dilution Act. This allows owners of famous marks to go after users of similar marks in any field, even fields where there would be no confusion. There's no doubt that "iPod" is a famous mark. It's the trademark winner-take-all act.
Though to be fair, Apple might have a case against a maker of MP3 player sleeves even without anti-dilution.
They wouldn't try to sue Burger King...no way. Notice they are picking companies nobody has heard of. Well, I haven't heard of.
Blar.
Let them kill the whole third party accessory market. And anything evenly remoted related to Apple products. They're most likely not making money of these items.
Future ruler of a small Asian-Pacific island
...for putting peas in a pod.
If you want more evidence, read this article: It's very popular among artists, to quote Wikipedia: "Their products are used and endorsed by artists such as James Hetfield of Metallica, Matthew Bellamy of Muse, Trent Reznor of Nine Inch Nails, and The Edge of U2."
My work here is dung.
He's behind on his 'Benz payments and could use the work defending someone. "McPod" should bring in McDonals and Apple into a lawsuit.
Thank you!
The trademark law is set up to prevent consumer confusion. The classic case would be Apple Computers vs. Apple Music (the Beatles' label). Apple Computers was allowed to keep its name because they didn't market music. Therefore there was no chance of consumer confusion. Of course now that Apple has the iPod and iMusic, the chance of consumer confusion is greatly increased. Their lawyers are turning themselves inside out trying to explain why Apple Music doesn't have a case.
The actual law is one thing but reality is another. Hiring a lawyer to defend yourself against Apple would bankrupt most small companies so, when they get the letter from Apple's lawyer, they normally just fold and change their name.
Al Gore is on the board of Apple. Not that this is fact is pertinent,
but it changed the way I look at Apple.
What can he possibly offer as a board member?
The next thing to remember is to put next things next.
ROFLMAO!! I guess you consider a EH Small Stone a "high quality effect" too?
iI iThink iThat's iThe iSilliest iThing iI've iEver iHeard...
Does this mean my prophalacyic line "pod sheath" is now dead in the water ? ? ?
...I obey the laws of physics....
That's certainly going to screw up the whole branch of maths involving complex numbers. Perhaps iPods are imaginary.
Back to the drawing board I guess...
I guess they'll be retroactively suing the makers of Invasion of the Body Snatchers....
Funnypics
The Pod People just took over Apple's legal department. Is Steve one of them?
PS: I hope someone with more talent than me does a good mst3k-quality sendup of Apple's legal threats.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
...pod.
One of the definitions of pod is "Something resembling a pod, as in compactness. " IANAL but I did recently take a class on patents, trademarks, and copyrights and one of the things we discussed was that trademarks that include generic terms had trouble being enforced. We specifically talked about Krispy Kreme. Krispy Kreme's trademark is specifically on Krispy Kreme with K's. They have tried to sue several people for selling products, even donuts with the name crispy cream, but when business have fought back the courts have always pretty much ruled that it wasn't a violation of trademark and the only way it would be was if the company specifically called it a Krispy Kreme something or other.
That being said Apple is probably just trying to cast a wide net in trying protect it's iPod trademarks. I think that the precedent set by other products( I have a Game Pod sitting on my desk that I got back in 98 that has 40 different card games) that pod generically defines any product that is compact in nature.
Do they had a trademark on the term 'Pod'?
[%] Cingular Ringtones
At the end of the day, aside from its own ulterior motives, Apple is just forcing people to be original. Ahh, the few but priceless trickle benefits of capitalism. It becomes a rather boring market if we're all basing our product name off of the guy who made original successful use of the moniker.
As for the POD Line 6 products-is the capitalization just there for emphasis, or is it indicative of an acronym? That may influence business/naming strategies as well as disputes.
Also, perhaps this is just me, but it doesn't appear that in this case Apple is ripping off a name in order to emulate enormous success. More likely, herein exists a coincidental usage that proved more profitable for one manufacturer than the other. We don't seem to encounter the same useless mimicking for profit's sake caused by feeble marketing teams.
Besides, if there's anything that's a better rip off, it's the "i" prefix. Can't trademark a letter... can you?
iHope not.
f so, we're all n a shtload of a pckle.
Slashdot is my boyfriend's mistress.
Mac Fagboys, I mean fanboys, come out of the woodwork in droves to defend their beloved idol of faggot worship.
The sad truth is that unless a trademark holder defends their trademark to a near insane degree courts in the last 30 years have shown a hair trigger willingness to rule that the trademark has moved into the public domain. The courts don't just take into evidence the infringement cases that a holder won but all the cases the holder filed. The courts consider the mere filing of the suit as evidence of defense of the trademark regardless of the merits of the case. Accused infringers will defend themselves by pointing out all possible cases of infringement in which the holder did not sue. As a result the trademark holder files a blizzard of suits, many if not most without strong merit, merely to demonstrated to the courts that they vigorously defend their trademark.
This is definitely a case of "don't blame the player, blame the game."
Guess it must be a fruit / vegetable thing. Apples deciding that peas don't grow in pods!
Just wait till they trademark "i" . Anything that starts with 'i' will be claimed as TM infringement :-/ iPod, iMac, iSync, iGO, iGive,iRobot ???
Crestron Electronics, makers of home automation equipment, recently changed the name of their CEN-IPOD interface dock to the CEN-IDOC.
You'd think with a fomer Intuit CEO/current Intuit board member on Apple's board, Intuit's Mac support would be better and all of their Mac products would have 100% feature parity with their Windows versions. But you'd be wrong.
Every time I get the ballot I vote against keeping him.
That the "PODS" storage people http://www.pods.com/ need to watch out because aparently they are just profiting off the iPod craze. You know I always found it hard to tell the difference between a large metal storage box and a pocket sized MP3/Video player. I'm glad to hear that eventually I won't have to think for myself anymore. Not to mention we are going to have to kill off the rest of the whale in the world how dare they travel in Pods!!! I always wonder why I didn't buy an iPod and this is why. Neither of the 2 items this story is about will be confused with them but they don't care. Next it will be anything with the letter "i" in it can't be used in a product name as it might confuse people into thinking Apple make the item.
When I hear the word pod, I think of PODS, Portable On-Demand Storage. iPod is a blatant ripoff of PODS, since the iPOD just "stores" your electronic crap, just like a POD stores your physical crap.
I think they should be able to trademark iPod, but not the word pod. Besides the pod has been in the dictionary for quite a long time.
If you want a real lesson on suing over transcendental Trademark infringements, try to sell any kind of food with "Mc" in the name. Even in Edie Murphy's movie "Coming to America" had a side-story about Mr. McDowell being sued and harassed over the name of his 'McDowells' restaurant. Common and expected use carries a lot of weight.
They can't do that. Pod is a legitimate word. I think George Lucas should sue Apple for using the word pod. He had "pod racing" before they had the iPod. And their going after "i" as well. Why not "e"... eMail, eTickets, eCommerce. Get off your high horse Apple.
--AD
Google any similar variant of the above search, and it is obvious how broad 'pod' reaches. Had the exclusions knocked out a significant percentage over just the single term, then Apple might have a point.
The company could have initially called their product the "Apple Pod" but they knew the protective measures of creating a new word. They cannot have it both ways -- consumers aren't being confused by POD.
To me POD is more synonymous with the band P.O.D. .... Apple iPod is a music / media player, MS Windows is an operating system, and they are not respectively peapods or home windows.
http://www.thecomputershow.com/computershow/review s/pod.htm
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
Where does "Free Speech" figure in? Is it the cool buzzword that you're incorporating into your post so that others will clap you on the back? Trademarks have little or nothing to do with free speech. I'm quite tired of people throwing "free speech" into areas that it doesn't belong: someone read too much Wired in the mid-90's. I didn't know that Apple sued people for speaking or writing. If they sue someone for trying to make a buck off of their product, it has nothing to do with speech, it has to do with economics.
"Tu fui, ego eris" - Virgil
How about In-Circuit Emulator PODS (ICE PODS)? Those have been around for years in electronics as a general term in the embedded electronics/programming market? Since the product is electronic and has a programmable device on-board, it is a fairly short logical leap to say that the engineers associated with the first product may have had their product name as "bleed over" from the devices that helped them develop the product. Who knows? Some marketing guy may have just mis-read the product update slides for the block diagram of the product development environment?
I bought my iRiver years ago...HD MP3 player...cheaper, more features and less fruity than the aPple MP3 player.
I suppose aPple could claim that the 'i' prefix means that iRiver is 'stealing' part of their name...
Blar.
I want to see a camera tripod that plays mp3s. Or an mp3 playing robot that walks on two feet.
Or a peapod shaped iPod® case. Heck, the protective cases actually sorta are real pods.
As ridiculous as I think the whole issue between Apple Corps. and Apple Computer is, I'd just like to ask why on earth Apple thinks they have the right to get upset of this?
Starmen.net
Which means we are no longer at war in Iraq.
Like 'love'.
Is it only me, or these days companies are hiring MORONS as lawyers ?
I, personally, am going to use the word 'pod', whenever, wherever i want.
I openly challenge the morons posing as 'lawyers' in apple, to SUE me.
In turn, i will be filing a phletora of suits concerning ABUSE OF LAW by these morons, in various applicable local courts and international courts, with sizeable requests of moral damages.
Read radical news here
That is rediculous, Apple can't trademark the letter "e", eMachines already ownes that.
That'd be a shame. There's a local LAN gaming company nearby, and they're the only thing that I can stand which starts with "i".
Cynical Idealist
I Pod Shuttle
Also note that, i have called these people 'morons'. This is a seperate matter for any lawsuit, and also im willing to prove in any court of law that such actions qualify in the realm of morondom, and if they do NOT qualify as such, it is worse - it is ABUSE FOR PROFIT.
Read radical news here
Two major computer companies announced a lawsuit today against toilet manufacturer iBM...
Find environmentally and socially responsible products on http://buy-right.net
The Internet
Star Pirates
I have the Moto SLVR L7, which not only has built in MP3 functions but requires iTunes support. Someone, yesterday, asked if it "had an iPod in it"... I said yes, because I didn't want to explain the obvious differences. It's true enough, as it does the same things and has the same menu, it just lacks the click wheel. So, just like "google" is becoming a verb for searching for information on google... iPod is becoming a generic form for MP3 player. Now that electronic devices are becoming more universal, people are starting to use their terms differently. I've seen many a moron refer to a computer as a hard drive, or a monitor as a computer. Although this is different, I'm merely pointing out that the less informed are using information devices. How many of you have asked for an aspirin, when you really loves the Alieve? Medical companies lose many sells to generics, when people literally request a generic versions of "insert brand name here". So, does Apple have a real gripe? Definitely not about the word "pod". Pod is a fad word that everyone is slapping onto various devices because that is what the masses are buying right now. And considering that the part that makes it Apple is the little "i" at the beginning, they can really stop whining. iMac, iPod, etc... The electronic industry is spoiled right now. People are paying premium prices, not for the best devices, but for the best marketing. Where they have previously had to protect technological advances, now they want to protect their logos, names, and other trademark "stuff" with the same ferocity. The iPod is by no means the best device out there. But once a certain popularity threshhold has been met, a certain amount of sales afterward is guaranteed. I think these companies should concentrate on building better mousetraps, instead of making sure the mice are buying them, too.
PS: That is what part of the alphabet would look like if the letters "Q" and "R" were removed.
Gateway computer was apt to request companies who dealt in electronics to also not use any cow spot designs or themes.
"All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
Heh, my wife is the manager of the local Burger King and they just switched their french fry containers from normal fast food fry boxes to cups that they call 'Fry-Pods'
:)
I wonder if BK is gonna get sued because the cup design is great
I think Steve Jobs is a Pod.
Could chocolate be quiet and let me finish?
All Your Apples Are Belong To Us
Can I Make a Beowulf Cluster of these IPOD ?
I agree, although I love my ipod nano, ibook, and G5 tower in an almost fanboyish manner, the takeover of the English language by corporations HAS to be stopped if we are not to enter into an age of Orwellian new speak.
I think Apple should be ridiculed about this as "invasion of the pod people", ala invasion of the body snatchers.
If this is about trademark law then it is the law that is wrong not our usage of common English words. Change the law not our heritage of the English language that is thousands of years old I say.
Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
open the pod bay doors hal
.... sue alien triPod from Mars ??
I don't want a signature.
I was involved in a startup called V-Sync Technologies that made a kiosk to download music over fiber and write it onto a minidisc. The system was called Music POD (Press On Demand) and came long before the iPod (though it would be the perfect way to buy music for the iPod if Apple figured it out). The company is still active as far as I know.
Cupertino, CA -- In an unusual move, Apple Computer, Inc., makers of the ubiquitous iPod, has filed civil litigation against an orca. The company has taken advantage of a loophole in the Digital Millenium Copyright Act (DMCA) which allows organizations to sue members of other species in order to dispute alleged trademark abuses. "At issue in this case is an infringement on the use of the word 'Pod'," said a spokesperson for Apple. These killer whales have taken to referring to themselves as a "Pod", and we believe that their doing so dilutes the value of the word." When asked about the lawsuit, Ruffles, an Orca who claims to be a leader of "J-Pod", only replied "Grrrrrrrrrhuuuuuuuuuuuuuuuuuuu".
...for:
1) Believing that a generic word cannot be used as a trademark;
2) Assuming that a trademark "stops" use of the mark in conversation; and
3) For not understanding anything about law, yet commenting on it.
That would explain this huge pod which formed off of Wales (no pun, there, really). Obviously, they're forming a class action suit.
Don't disappoint your bird dog. Go to the range.
Apple goes Bananas
Privacy is terrorism.
Just wait till apple comes after Mcdonalds and their bigmac(tm). hmm, I wonder what an apple bigmac w/ cheese would look like...
Bayer AG lost the Bayer and the aspirin trademarks in North America when the Treaty of Versailles was signed after WW1. Sterling Drug bought the Bayer and Aspirin trademarks from the US government in 1918 and then lost the US aspirin trademark in 1921 because it had been genericised (Aspirin is still a trademark in Canada). Bayer AG bought the company that owned the North American Bayer tradmark and the Canadian Aspirin trademark in 1994. Bayer, a former member of I.G. Farben is selling insecticide in the US under the Bayer brand. Google for IG+Farben+insecticide+bayer+zyklon You might also want to Google for Fritz+ter+Meer+bayer+1963
Portable On Demand Storage (pods.com) has been around since 1998
Line 6 has been selling the pod since 1996
Personal Open Directory since the early 90's
Ipod since 2001
If I was Apple i'd be real careful with this strategy.
After I get a patent or copyright on the entire english language as a product than I'll start suing everyone. From now on if your name isn't total gibberish, you'll hear from my lawyer.
Hey iApple, get an iLife, you didn't make iEnglish and you don't own "pod" at all, iThink you have been dipping into the iSauce lately. Now onto my aPod music player franchise.
Peter Piper picked a pod of pickled peas,
A pod of pickled peas Peter Piper picked.
If Peter Piper picked a pod of pickled peas,
Where's the pod of pickled peas Peter Piper picked?
What about _THE_ Pod that sit's in your driveway and you can store you crap in it? It has been using the name a lot longer. :)
...if I make a joke about Apple trademarking "i" next, can I also get modded +2 Funny like the other 100 unoriginal shitstains in this thread?
What about if I throw in a Duke Nukem Forever joke? That's got to be worth another +2 at least.
Two peas in a ....ummm, nevermind.
One ring to bind them - should probably have more fiber and less rings in their diet.
They're fighting a losing battle. I made a conscious choice to avoid the iPod, but still find myself calling my lovely Creative Zen Xtra "my iPod" on occasion. "Mp3 player" is too much of a mouthful, and "Zen" just doesn't trip off the tongue for some reason. That said, I have been asked by more than one non-techy person "should I buy an iPod or an mp3 player?" Perhaps Apple should reinforce this perception by turning off support for MP3s in future firmware 'upgrades'.
BTW, loving the new AJAX-ed Slashdot.
Fuck all this.. Let Apple sue whoever.. Cause in the end Ween will show up and sue them since there debut album 'The Pod" came out in 1991... And yeah sorry Apple but for the most part, everyone I know thinks a POD is a crappy amp simulator made by Line 6.. Hell I even own two of em..
I've been wondering for a while about all these anti/pro apple debates and am curious to know why people love apple.
I can understand how people can like a product and how it's easy to prefer one product over another, but Apple appear to me to act in the same manner of most self-serving corporations. Corporations by their very nature tend not to act in the interests of the consumer (and in many cases legally have to act first for their shareholders) so I've always found them difficult to love. Some companies make a real effort to be 'nice' but they are rare (and exceptionally rare amongst large corporations) so why do so many people care?
Because "Portable On-Demand Storage" used it first. If Apple tries
to sue them, they should sue back and say "er,we trade marked it first, so
remove the word pod from ipod!"
That wasn't industrial waste Apple was dumping into the lake, it was air freshener, Apple is committed to not only making beautiful computers, but also beautiful AND NICE SMELLING lakes!
This is news how?
Yes, Apple is asking companies to avoid the use of Pod in their names.
This sort of thing is done for 2 things: 1) protect your trademarks 2) reduce consumer confusion
But then again, Hi, I must be new here.
I guess POD documentation for Perl is going need to go by the wayside as well! Well, at least now I have a READSON to be lazy... I'm just covering my butt against lawsuits from Apple!
The FTA is not always right. If you peruse the TightPod website, you will see that the manufacturer makes no mention of MP3 players. Laptops, yes. Musical instruments, yes. Books, yes. MP3 players, no. The only mention I could find of iPod is on their FAQ.
Then they could go back in time to a year before the first iPod was released and sue the makers of the ePods handheld computer. Too bad they're not in business anymore or they could sue Apple, since the ePod was a WinCE device capable of playing MP3s (among other things).
Support Right To Repair Legislation.
...and their supervisory panel, iCANN.
The Apple TradeMark is on "iPod". Not "i" and "Pod". By not going after some product called "Pod" or "*Pod" (where "*" isn't "i"), they have lost nothing from their REAL trademark.
In late breaking news, Apple sues the band P.O.D. because the initials spell out the word pod.
Apple lawyers are also looking into suing farmers for growing "peas in a pod" and are rallying to get them to change the name to "peas in a blanket"
Sometimes I'm forced to simply sit back and ask 'what hell are you people talking about?' By god, I'm paying my ass off for legal education, so I'm going to try and put the kibosh on all this armchair lawyering that always seems to pervade slashdot... 1.) Law != Logic or Reason. Logic and reason is when you sit around and think of things. Law is a collection built around numerous precedents, in the form of rulings, opinions (not the things you have, the things a judge writes about a case, there *IS* a difference), and appeals. 2.) The chronological arrangments of companies using 'Pod' is a secondary concern. Primary is the intent to capitalize off of the name-brand recognition of the iPod. I realize Pod (Line6) and PODS (storage bins) both predate Apple's use of 'pod' in conjunction with a line of digital audio players, but that point is MOOT. Apple isn't claiming ownership of the word 'pod' for chrissakes. Apple is claiming that they own a trademark on the iPod, and anything that attempts to use that brandname recognition for profit is stealing Apple's trademark rights. Clearly anything predating that would not be attempting to capitalize on Apple's good name. 3.) This is not a binary system. Apple doesn't just get to fire off lawsuits, willy-nilly, and next thing you know Line6 and PODS and private citizens who say the word pod are instantly punished! It goes through a test of reasonableness. Again, not *YOUR* reasonableness, but judicial reasonableness, because they are not the same. A judge, the Trademark office, and the attorneys involved will all function as a bulwark against the sort of frivolity that you people seem to think will happen. 4.) Trademark law requires a vigorous defense against those using it, as well as a need to prevent genericide. You can't just lay back and let people get away with capitalizing on your name recognition, because next thing you know, you're watching a commercial for iRiver's new ipod, the h5000. Genericide is, as others have pointed out, a serious issue for trademark holders. There is a brightline, that acts like a tripwire, and once you reach the point that you are percieved as not vigorously defending that trademark, it becomes essentially fairgame. Even so far as having companies call their mp3 players iPods because of the ubiquity of the term. I'm not even sure why this is news. This is SOP for all trademark holders in the United States. This is not a big deal. You would be doing exactly the same thing if you owned a trademark, otherwise your marketing efforts would be subverted to anyone else who also wished to use your trademarked name.
I just read in a very secret site that Apple intends to sue all the fruit vendors in the world that clearly advertise they are selling apples.
while attempting to serve a cease and desist letter to a pod of orcas
.. as many people have mentioned line6 was using the term POD in their product lineup well before apple realized other companies were making MP3 players and then decided to make one and pretent that they had pretty much invented the whole idea of the mp3 player.
this is such bullshit
actually I am happy to see you, however that is in fact a banana in my pocket.
This seems to be something that is prone to happen to music-players. How many of you called your portable tape-players Walkmans when you were younger? I know I did, and I know I most certainly had the $10.00 K-Mart special, rather than the Sony device. This could even be applied to Victrola being a synonym for all record players.
You would think they would be aware of this fact, since "Macintosh" is a specific type of Apple (the fruit).
how do we rename those guys?
A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
Just keep referring to those dweebs with wires hanging out of their ears as "pod people". Laugh at them behind their back. They can't hear you. They can't even hear the bus that's about to run them over. Don't they look stupid? Too cool for school, too dumb for the real world.
Live by the hype, die by the hype
No, It means you have to rename it the iPud.
OSGGFG - Open Source Gamers Guide to Free Games
You have to assume like hoover did when it becomes the generic phrase for a device of that type the trade mark fails. hoover owed thank you to the wave Dyson rode for having an enforcable trade mark again.
My nephew is called Pod, he was born in 1997, 4 years before Apple launched the ipod.
Who are they going to sue, my brother for calling him Pod?
Pod is an old English name. On ancestry.co.uk there are quite a few people called Pod and also the female version Poddett, some pod's go back to the early 1800's.
In the USA 1881 census, there was Pod West b.1870, Georgia, Pod Grady b.1855, Alabama, Pod McBruce b.1810, South Carolina, Pod Reville b.1854, Georgia and Pod Meyr b.1869 of New York.
This is uterly ridiculous. Since when companies are allowed to "warn" against using a commonly used term?
So, if one can prevent people from using "pod", I hereby register that I am now the owner of "ware", thus "hard" ware, "soft" ware, "a" ware, and all other ware houses are MINE. Do not use those words or be sued by the MAFIIA!
I surely hope this patent/trademark crap is going to stop, otherwise we'll soon get sued for the mere act of talking. But wait...it's already like that in Soviet Russia...Ah well...never mind.
check http://www.bodpod.com/ This is a device for measuring body composition. It has been around since before the rio pmp500 as far as I know. Very weird argument on Apple's part.
I was being sarcastic with the whole "free speech" reference.
What I was trying to show is the utter ridiculousness of banning the word "pod" from product names. True, trademarks will keep other companies from freeloading off of your mindshare. However, the purpose of a trademark is to simply give your specific product a unique name. That any company could copyright a word of the English language--especially one like "pod," which has been in common use for a long time, is simply preposterous. If I see something called, for instance, "Super Pod" that happens to be some unrelated technological device, I (nor will, I think, any other sane person) will not automatically associate said device with Apple or their iPod.
Ride the skies
Line 6 sell the PODs based on reputation as (some of) the best products of their type on the market. Musicians will continue to buy them. iPod on the other hand, while a good product, relies HEAVILY on its name. People far from the know may want one of these new iPod gadgets and ask directly for that. Or maybe decide the genuine article would be the best.
A restaurant in Buffalo, where I live (surprised?) has been serving "Pizza Pods" for well over 25 years. I hope they don't happen to excite Apple's attentions.
This sig, aah-ah, is comin' like a ghost-sig...
See here.
From WHOIS:
Registrar: DOTSTER
Domain Name: PODS.COM
Created on: 10-NOV-98
Expires on: 09-NOV-09
Last Updated on: 14-JUN-05
Lools like this predates the iPod.
Michael J. Ryan - tracker1.info
So, every time I buy a triPod, am I going to have to pay a royalty to apple?
YOU GOT THE JOKE!
It's pretty obvious the companies were trying to capitalize on the success of iPod so I have little sympathy. If Apple doesn't defend it the term Pod related to portable devices will fall back into public domain. Most names are going to relate to english words but it doesn't make the trademark public domain. Coke a Cola is made up of preexisting words but it's still a trademark. They couldn't trademark Cola because it would be like tradfemarking Orange in orange soda. Can't trademark an existing food name and cola nuts were around long before Coke a Cola. Coke was more of a slang term but no one else was interested in fighting that one. Still amazing one of the biggest products out there was named for cocaine. They can claim whatever they like now he fact used to be part of their advertising campaign so it's hard to deny.
Does Apple have a trademark on "pod"? They probably have a trademark on iPod, but that doesn't mean they have one on Pod. Think about it - if they could just break up their trademark like that, and claim a trademark on the constituent parts.. then they'd have one on I as well. I don't like that. (aw, damn.. Apple's gonna sue me for that last sentence!)
I am the maverick of Slashdot
I have always wondered why apple hasn't ever tried this with IBM and their iSeries as/400's.
Or the other way around, not really sure which came first...
"How come they aren't warning Apple about their iPod naming?"
Because they aren't assholes.
You know, I've never liked the word "pod" anyway. There's just something about it I don't like. I don't mind if it disappears from the English lexicon. I didn't expect Apple would be the one to do it, but I won't complain.
Program Intellivision!
I was eating some Burger King yesterday and noticed that they switched their fry containers, and they are now called frypods. BK is so screwed.
So long and thanks for all the fish...
It must have been something you assimilated. . . .
http://www.forbes.com/2003/09/12/cx_ah_0912aapl.ht ml
l e_litigation
also, http://en.wikipedia.org/wiki/Apple_Computer#Notab
Those who don't study history are doomed to repeat it.
I would! That sounds sooo cool! Goddamnn I cant wait to get my hands on one. All my trendy iPod totin friends can suck on the glory of my SuperPod!
Hi Super Nintendo Chalmers! - Ralph Wiggum
So we're all agreed that whoever is to blame, it's definitely not Apple? Excellent; yet again, Apple comes up smelling of roses (on Slashdot). Surprise, surprise.
Techdirt had the best comment. Will this pass the "morons in a hurry test" that Apple Computer used against Apple Corp?
s html/
http://www.techdirt.com/articles/20060814/023249.
While jamming your head into a personal Pod might seem safe and cozy, your rear-end is still sticking up out of the sand for all to see. And kick.
Any company which uses the word 'Pod' in its product name gets an instant X through it on my shopping list.
-FL
I remember a similar situation from the early 90s. A company called Gasteiner (I think) made external hard drives for the Atari ST that offered ...wait for it...a capacity of 1 MEGABYTE. This mammoth drive was named the MegaDrive for obvious reasons. Along came the Sega Mega Drive several years later and their lawyers forcibly snuffed out anything with the word "mega" in it including Gasteiner's Atari drives. Gasteiner took to calling it the "drive with no name" and launched a competition to select a new name. I have no idea what the winning entry was and since the ST died shortly thereafter the point is moot. Nevertheless, Apple's actions are perfectly in keeping with normal business practice. It is not Apple's fault, nor is it the fault of the idiot lawyers who fire off cease and desist notices at everything with the word 'pod' attached - it's the fault of the courts for allowing this sort of nonsense to perpetuate.
Travelling forward in time at a rate of 1 second per second.
Pod, a futurist car game, like wipeout but much less good. Graphics were impressive with buzzwords like MMX. :x
Pilot Pens threatening 3com over the name "Palm Pilot" was.
Not really. No one uses iPod as a generic name for mp3 players. You won't hear someone with a Zen mp3 player say, "I'm going iPodding." That would be like getting into one's Yugo and saying, "I'm going Porsching!"
Market share isn't synonymous with vernacular usage, something that has occurred in the cases of Kleenex and Xerox.
We can speculate on why that happened in their cases (Xerox first to market, etc.) but there isn't any evidence that Apple has done more than successfully establish its trademark in a market-leading position. It may well wish to claim more, but the courts should slap down its pretensions to owning the word "pod."
...pPods?
Mmm, pPods.
What are Mac and why do we keep getting message from it?
Put up 2 no-pest strips and call me in the morning.
*Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
was different.
As it is, this is perfectly normal behavior for a company with a popular product. But here, it's "tradmark trolling."
Portable On Demand Storage?
Is Capitalism Good for the Poor?
Creative CEO Sim Wong Hoo encourages everyone to call their mp3 player a "zen".
Starbucks, Harbuckle of Breath.
Wouldn't it make MORE sense to trademark ANY word preceded by a lowercase "i"? Between iPod, iTunes, iLife, iMac...I think they would have MUCH better footing for THAT arguement, as annoying as it may be!
That's right. So will Microsoft now warn every company that has "soft" included in the name?
Or is this just because it's Apple, and if Steve Jobs said that eating babies was cool there would be plenty of fanboys to defend him?
To have a right to do a thing is not at all the same as to be right in doing it
I hereby claim the name "iZune"!
There's also a HomePod which allows you to stream your mp3 collection from your computer to your stereo. It's actually a piece of junk as well.
Examples:
I think there comes a point when a company's product gets big enough so that trademarks over names should be dropped, or at least loosened. Bandaid, kleenix, "pod", PC (IBM coined it I believe, I'm surprised they never got a copyright on it), Google, walkman....... These are all brands that have exploded to be the defacto-standard for naming what you are talking about other then a technical definition of what it is.... I understand in some cases (if a brain-dead consumer wants an iPod and sees an AwesomePod ripoff, he'll probably get the AwesomePod), but many of these are just plain stupid....
In undeveloped countries, the consumer controls the market. In capitalist America, the market controls you.
and then Northern Telecom said "Ahem ......."