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?"

Comments

I Did Some Research

[eldavojohn]

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.

The Golden Rule, Corporate Style

[hey!]

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.

Obvious answer

[mhazen]

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.

Trademark dilution

[russotto]

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.

In a Different Community, It Was The Standard

[eldavojohn]

Listen, I played bass, I worked at a music store that sold effects pedals. "Pod" meant Line 6's guitar pod. People came in and literally said, "I'll take one pod, please." I'm not kidding you, these things were huge and still are. Go into your local Guitar Center or what ever you have and say, "I'll take one pod, please." You can bet your ass the guy at the counter will pull up a guitar pod and ring it up right there.

If you want more evidence, read this article:

By the end of 2002, the Line 6 people had proven themselves by designing what were unquestionably (to me, in any case) the best amp and effects models available, including the remarkable Vetta amplifiers and the best selling POD modules.

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."

Re:Yeah...

[hankwang]

The iPod is practically [...] synonymous with "portable music player"

Maybe in the US. Here in Netherlands they are commonly called 'mp3-speler' (=mp3 player).

nearly all - over 92% - of all hard drive-based portable music players actually are iPods.

Again, maybe in the US. The US is not the whole world. From what I have seen a typical electronics store here devotes some 5 to 10% of the digital audio player shelve space to iPods. For HD-based players is might be a bit more, but nowhere near the majority. It might have to do with the fact that in the first few years, the iTMS would not sell outside the US.

My mp3 player is an iAudio which I use almost exclusively for Ogg Vorbis files. Maybe Apple should also go after them for using the 'i'?