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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?"
That's true that it often happens, and if it does the trademark is lost. This is why companies with very popular products spend so much time and money suing people and embarking on public education campaigns to get people to stop using their name generically.
All of these companies try to get people to call their product by its full name, including function, such as "Zamboni ice resurfacing machine" rather than just "Zamboni," and encourage people to call competitors' products by the actual product description ("ice resurfacing machine"). These campaigns are rarely successful, but the companies still try.
After all, genericization (that's probably not a real word) of a product name is really only the first step in commoditization of that product. After all, if you can't use your name to distinguish your product from anyone else's anymore, that product has essentially become a commodity, and that makes the competitive environment much more challenging. After all, when people buy tissues these days, how many are really loyal to the particular brand Kleenex anymore? How many people care if the personal casette player they buy is actually a Sony Walkman? Or that the copier they buy is actually a Xerox? Or the aspirin they buy is really Bayer Aspirin? And so on.
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".)
Yeah, because things in the natural world are never enclosed in a protective pod.
Actually, it does matter.
And trying to protect words that are used in everyday life is ridiculous, and I can't believe anyone in their right mind is arguing for that. First "Windows" and now "Pod" what next, "Mouse"? "Can"? "Pen"?
Will Nintendo start warning people about using the word "Paper" because they have a successful Paper Mario franchise? This is bullshit of the highest degree, right up there with software patents.
If I want to start up a brand of frozen vegetables, I shouldn't have to worry if I wanna call them "Peas-In-A-Pod" for fear of legal issues from Apple. Next thing you know, they'll be taking Granny Smith to court because they call them "apples".
If they're going after the use of a word or use of pod, what are they going to do about podcast?
They're either going to have to remove that word from everyone's vocabulary (that genie has already left the bottle), or everyone will say they are using the fragment pod from podcast, not iPod.
Apple's not in a good defensive, let alone offensive, position.