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26 Sep 2006
Apple has stepped up its legal crackdown on businesses using the word 'pod' in product and company names.
The company sent a cease-and-desist order last week to Podcast Ready, which markets an application known as myPodder that lets users download podcasts directly to a portable music player.
Lawyers for Apple contended that the term 'pod' has been used by the public to refer to Apple's music player so extensively that it falls under Apple's trademark protection, according to a copy of the legal complaint published on the Podcast Ready website.
"Podcast Ready and myPodder consist in substantial part of Apple's iPod mark and contain Apple's 'pod' mark in its entirety," the Apple legal document charged.
The letter also cites existing and pending trademark applications in the US and internationally for the terms 'iPod' and 'Pod'.
Apple is demanding that Podcast Ready removes trademark applications for its company name and software.
The legal notice suggests that Apple is claiming the word 'podcast' as a registered trademark. Although originally derived from the word 'iPod', 'podcast' has become a generic term to refer to user-generated online audio content.
Earlier this month, Apple settled with designer Terry Wilson who had created the TightPod laptop bag. The product has now been renamed Tight Jacket.
Apple had not responded to a request for comment about the Podcast Ready allegations by press time.
The New Oxford American Dictionary defines 'podcast' as "a digital recording of a radio broadcast or similar program, made available on the internet for downloading to a personal audio player".
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Do you agree?
origins of 'pod'
Well seeing as Apple took the word 'pod' from a movie... i think they should shut their mouths.
Posted by: P.Upton 10 Mar 2009
Apple,
Please pea off or I'll shove a maggot up your core!
Posted by: John 24 Jul 2008
Apple needs to make money
Since the iPod has been the only truly successful product that Apple has manufactured, they need to make money soley off the iPod. So not only do they make and sell the iPod, but now they are using it to sue other people and companies to generate revenue. Maybe I should trade mark the color blue and sue microsoft and intel. Hey, I know! I going to trade mark my initials ( J.A.N. )then I will sue anybody that uses the abbreviation for the month of January (Jan) This time next year, I'll sitting in the bahamas on a beach.
Posted by: jerry a neutze 28 Sep 2006
Arthur "Two Pods" Jackson
Too bad Monty Python retired, this "poddism" would have been nice material for them!
Posted by: Arthur Two Sheds Jackson 28 Sep 2006
Make it catchy!
Before "cracking down", maybe Apple could suggest an alternative (and similarly catchy) name for podcasts and similar.
Posted by: Elly 28 Sep 2006
What about Santa Pod raceway
They're a business using the word Pod - and a little before Apple started with their MP3 player as well - will Apple be chasing them soon? Totally bananas - or has Apple copyrighted the use of the word Bananaas well?
Posted by: Rad Echt 28 Sep 2006
Sue Who?
Apparently there is a large group of Dolphins outside Apples HQ.They looking angry.I think they're gonna sue George Lucas too, for his Star Wars Racing cars...
Posted by: Bob Robertson 28 Sep 2006
apple gone soft (in the head)
How on earth can apple think they have the right to say who can or cannot use the word POD, for gods sake has the world gone completly barking mad? even billy boy has never tried to say we can't use the word windows!!!!!, Ps oh yea i forgot the world has gone flipping mad!!!
Posted by: turbotoes 27 Sep 2006
What are you doing, Steve?
Open the pod bay doors, H.A.L.
Posted by: Phillip 27 Sep 2006
The Pod People will Sue!!!
Remember the big stink of Apple Computer vs. the Beetles? Seems Apple is willing to infringe others a bit. Apple does not own the word 'Pod.' We need a mechanism in place to punish large companies for wrongful lawsuits and intimidation aimed at individuals and small businesses. Something along the lines of a defamation of character lawsuit. Richard.
Posted by: Richard Lunsford 27 Sep 2006
Line6's POD...
...was around quite a few years before apple introduced the iPod
Posted by: wintermute 27 Sep 2006
Trademark Trouble for Apple coming
Okay, here's a syllogism for you: "pod" is to "ipod" as "ipod" is to "tripod" Right? So therefore, Lycos, owners of the much older trade name "tripod.com" ought to be able to successfully sue Apple, using their own "dilution" arguments, right?
Posted by: Ron 26 Sep 2006
I don't 'podding' believe it!
Just who do Apple think they are? We'll be reduced to renaming the humble apple at this rate. To register a trademark and then suggest that any combination of letters contained therein would constitute an infringement beggars belief. The clongomerates of the entertainment and music industry are so anally retentive that they cannot see the wider picture, to the detriment of their own public images. Only the attorney's will win this one.
Posted by: Al 26 Sep 2006
Pod is too common a term for apple to have sole rights surely?
Cox's and Granny Smith should be worried about using the term 'apple' in their products next!
Posted by: Paul 26 Sep 2006
Hey Apple - Sue the Whales
Don't whales travel in Pods ---how about storage pods? Sue the Storage people, and as for those pesky peas -Damn Them! Sue the peas - better yet sue the farmer for raising the peas that live in those so called copyrighted pods ... how stupid can it get?
Posted by: Lt Razour 26 Sep 2006
Pod of Dolphins becomes ???? of Dolphins
The word Pod is a generic term used in the English language for a good part of history. To allow Apple to register the name Pod will be the start of the end of the English language. Microsoft was NOT allowed to have the word Windows so why should Apple have the word Pod. So what do we call a pea pod or a pod of dolphins? Or do we pay Apple for the privilege of calling things by there real name?
Posted by: Colin Boys (UK) 26 Sep 2006
Pod off!
So what are we supposed to call Pea Pod, Seed Pod, et al, from now on?
Posted by: Bob Stables 26 Sep 2006
1960's TV show to be banned by Apple ?
If Apple Lawyers think they have the right to the word Pod perhaps Mr Gerry Anderson the producer of the Original "Thunderbirds" TV Series should counterclaim as he used the word Pod to describe containers used with Thunderbird 4! Apple stop look and think before resorting to Lawyers
Posted by: Trevor Martin 26 Sep 2006
Apple cracks down on use of the word 'pod'
I was eating pea pods from my gran's garden forty years ago. I think I've got prior rights.
Posted by: Alex 26 Sep 2006