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Apple threatens over use of 'Pod'

Apple Computer Inc. has sent cease and desist letters to a number of firms it believes to be using the word "pod" unfairly. The iPod maker has ordered them to stop using "pod" and "podcast" in the names of their services and products because it leads consumers to believe they are tied with Apple's offerings. Apple is currently seeking to obtain trademark rights for the word pod.

The company behind the services Podcastready and Mypodder has received a letter from Apple. "As you may be aware, Apple has used its IPOD mark since at least as early as October 2001. Since that time, the IPOD trademark has become famous. Moreover, the term POD has also been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's IPOD player." the letter reads.



"While Apple, of course, has no general objection to proper use of the descriptive term "podcast" as part of a trademark for goods and services offered in the podcasting field, it cannot allow marks that go beyond this legitimate use and infringe on Apple's rights in POD and IPOD." Infostructure Solutions has until October 5th to respond to the legal letter.

Source:
The Register

Written by: James Delahunty @ 27 Sep 2006 20:14

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• 38 comments

• Kazi

  all this poddery has gotten out of control. Why I remember back in the day when I used to break open pea pods only to find little podees(peas) and plop them into my mouth. Now days there's all this talk of podcasting, podcasterbation, ipods. Quite frankly I think the world needs a little bit of podytraining!
  
  Now, I realize how attached all of you have become to this new lifepod.
  
  Which is why I motion that if Apple takes away the pod (btw apples do not come in pods like peas do, these people are crazy) we begin use of another easily recognizable and trendy word splice. We could use something like Arthropod. Think of it. Arthropodcasts, they're podcasts with segmented bodies(maybe a show done in peices or a continuing series), a chitinous shell(we still have our "pod"), and let's face it, we all have jointed limbs! What do we have to lose! Nothing!
  I hereby enact immediate conversion to the use of arthropod as our new standard of podery and it's variations.
  
  This decision was made in the over all benefit of mankind. Thank you.

  27.9.2006 20:42 #1

• Pop_Smith

  Wow, this would be the dumbest decision ever if its done.

  27.9.2006 20:50 #2

• DakotaFan

  Next Apple will probably sue Burger King for using fryPod. fryPods are Burger King's new french fry containers.

  27.9.2006 21:25 #3

• SovMish

  it's sad to see where the whole copyright bandwagon is headed. Really, really sad.

  27.9.2006 21:27 #4

• scizor600

  i hope the dont sue pod's especially the mars filled ones (mmm pods)

  27.9.2006 23:22 #5

• gogochar

  WTF? They shouldn't have to make the world not use "PoD" if they want to.

  28.9.2006 05:39 #6

• arcanix

  Great. Next it will be microsoft suing everyone who has windows in their houses.

  28.9.2006 06:34 #7

• anubis66

  the reason people sue is its a great excuse to make cheap and easy money without having to work, and companies love that. they love to f*** over all the god forsaken poor people and hard workers so they can have a mansion with butlers. what happened to ethics? i dont think the human race is completely capable of ethics, cuz a person wants what he wants more than letting other people have what they want or even need.

  28.9.2006 08:12 #8

• Pop_Smith

  Originally posted by Kazi:
  btw apples do not come in pods like peas do, these people are crazy
  
  
  Kazi, you just made my day.
  
  Wouldn't it benefit Apple in the long haul to not copyright the word "Pod"? If you copyright the word then its not legal to blast it everywhere. The word itself is all over and its excellent free advertizing to strengthen the already practically-secure stranglehold Apple has the MP3 niche in.
  
  Whenever I see something "Pod" I do think iPod but, if they copyright it there goes all the free, excellent, advertising that those companies are putting out for Apple.
  
  If this decision is granted I would laugh if the Zune or something similar knocked the iPod off its throne due to the extreme reduction in advertising done by other companies products made for the iPod.
  
  Peace,
  
  Pop Smith

  28.9.2006 08:33 #9

• JaguarGod

  Geez, I should sue Apple for using the term podcasts. I own a TV station that broacasts foot fetish videos and those are called "Podcasts" and internationally PoDiCasts. Also, not to mention that the stations are called "Pod", "PodTV" & "PoDVision" and the international stations are called "iPod" and "PoDiVision". The station dates back to 1973 where it began as a radio station. I think Apple is in trouble...
  
  I was just messing, but seriously, Apple is retarded. They can't copyright the word "Pod". It is a word used in the US, peas grow in them as Kazi stated and it is also the word for foot (that's where the foot fetish thing came from). This could end up being something similar to the "tris" thing with Tetris. Well, that's why my "tris" games are called "Triptis", "Tetrid", "Tetroid", "Quadris", "Pentis", and "Sexus".
  
  Well, I guess that these sites can call the broadcasting "PoVision", "PaaDcasts", "PahDcasts", etc... Of course, now that I posted it, I guess I own the rights...MWAAAA!! HA! HA! HA! HA! HA! HAAAAAAA!!!

  28.9.2006 15:04 #10

• Dlux427

  all this copyright stuff is bullshit..i mean i can see how when some dumbass sees the word pod...they automatically think it goes ewith their ipod...and buys it, then when they get home it has NOTHING to do with apple at all...but seriously that is their fault...fuck em', just live and let live...this is just another way for apple to get a shitload of money.

  28.9.2006 15:15 #11

• ZippyDSM

  HEIL!! copy right holders HEIL!!HEIL!!!!

  28.9.2006 23:57 #12

• halfhere

  this is gotten to be really out of control, anything to make more money, and they say the world doesn't revolve around money. HA

  29.9.2006 08:00 #13

• klassic

  If Apple did obtain a copyright for the word "pod" it would not be for all instances of that word. For instance it would not affect your local grocery store selling pea pods. It would be copyrighted in the limited scope of digital media streaming, downloads and players. Your PODiatrist(sp?) would be ok.
  
  M$ can not sue Home Depot for selling Windows. Its copyright is limited to software and possibly even more limiting specifically to operating systems.

  29.9.2006 13:16 #14

• Speedy16

  Personall I think that apple is sueing over the wrong part of iPOD. Who cares about the POD, plus it is already a word, as mentioned. They should sue over the miss use of "i". Ex. imesh, iphoto, ifuckinghate this etc. Personally I cant stand how many things adapted the use of the "i" after Apple "i"PODS swept the nation. Apple you and gate are "two peas in a 'POD'"
  
  Peace

  29.9.2006 14:04 #15

• funkintel

  i have no opinion about the legitimacy of apple's copyright claims, i'm no legal expert.
  what i do think is that these latest moves by Apple are in fact maladaptive behaviors. Apple should be tickled pink that they have complete control over the 'pod industry'. if everyone uses the word ipod, podcast, podstream, etc., it's like infinite advertising and promotion of Apple's idea (copyrighted or not).
  If I came up with a new name for something (copyrightable or not) and tons of people started to use my new idea's name for their stuff, it would be like it became MY stuff!
  
  Its like Apple invented a new word, and now they are mad that everyone likes the new word and is using it!
  
  (Steve Jobs should wise up)

  29.9.2006 16:38 #16

• TekPete

  I wonder if Hoover will sue those who use their name inappropriatly? ie "I'm just going to hoover the carpet.....Oops I don't own a Hoover, it's a Dyson or Electolux.....Guess I'd better get me a solicitor!!!!"

  29.9.2006 16:54 #17

• klassic

  I don't think Hoover is a very good example. However...
  
  Who goes to the store to buy facial tissue and cotton swabs?? Most people go to buy Kleenex and Q-tips. Two brands that became household names and then lost their identity. Apple does not want pod to become used so much by others that it loses its brand identity.

  29.9.2006 17:27 #18

• Ghostdog

  How can you trademark an everyday word?
  
  What next, the band P.O.D. gets sued because people might start to associate them with iPods?

  30.9.2006 05:47 #19

• spbt

  If any company invents a word not in the dictionary, then they could claim it as their own. What next suing websters for having a definition of it? All these lawyers and judges passing these laws and having them enforced should be sued for every word they ever uttered. All procceds going to the human race to which these parasites don't belong to.

  30.9.2006 06:19 #20

• spbt

  Hey the first company that decides to trademark the word "Like" would pass a law requiring RFID tags to automatically collect royalties everytime a teen uses the word. All us parents would have to pay up till they turn 18. Hell this firm could bankrupt the entire globe.

  30.9.2006 06:59 #21

• rickster9

  Isn't one of the reasons the Ipod has stayed so popular is because the the third party circus that has developed around the ipod?
  
  Sure...guess someone at Apple has finally looked at the money being made by others and decided that they need to stop it (well....have them fill their pockets instead).
  
  Why change the formula that has worked to make the MAC the market-share king? lmao

  30.9.2006 12:53 #22

• ZippyDSM

  rickster9
  1.mindless IP protection,we have to stop others from using the name because its violates our charter be the name dick,windows or pod.
  2.OMG they said our name they owe us money!
  
  

  30.9.2006 13:00 #23

• ji63

  It's so sad when nothing is enough. What is Apple Computer Inc. going to do? Buy Line 6? They have already registered the word "Pod". "As early as October 2001" - what a pathetic statement from Apple. Line 6 has been in business long before Apple discovered the letter "i".
  
  http://www.line6.com/products/pods/
  
  

  1.10.2006 01:07 #24

• ZippyDSM

  ji63
  ou fai to understand the nuances of how copy rights work,whoever has the msot money will have the most clout dose that eman auto win no but its a win rate of 90%
  
  Unless you are wiling to stand up and survive until the court can decide whats right.

  1.10.2006 01:57 #25

• ji63

  ZIppyDSM,
  News was "Apple is currently seeking to obtain trademark rights for the word pod." http://en.wikipedia.org/wiki/Trademark
  http://en.wikipedia.org/wiki/Copyright
  
  "Pod - I'm lovin' it", actually I'm not.

  1.10.2006 02:35 #26

• uchman77

  argh.........

  1.10.2006 07:07 #27

• uchman77

  argh.........................

  1.10.2006 07:12 #28

• ZippyDSM

  I smell a ban a comeing 0_o
  
  
  
  
  ji63
  CP and P laws need to be made reasonable I love the whole cant preform in public thing witch is not enforced yet but once it is anyone that talks about the movie is liable in one way or another to the corporation,to me the government has 2 jobs 1 get life stable for the common man and 2 make sure the corporation, dose not rape said common man.....

  1.10.2006 08:34 #29

• Ghostdog

  And the spammer can´t even spell : D

  1.10.2006 10:41 #30

• Pop_Smith

  The reason for the spam misspelling is because its done with an automated program that registers at as many sites it can on the web. It then clicks the "activation" link if needed and then logs in an in the first place it can (sometimes in more then one place) the program posts its spam in hopes of getting a sucker or two to pay up. Of course, you won't get anything and your credit card will have other charges that you didn't authorize because the spammer sells your ID to other spammers/hackers.
  
  Back on topic, I wonder if Apple will get the "Pod" tm with Line 6 having it Copyrighted (which I believe is more powerful then trademarks) but, as ZIppyDSM said for the most part in America whoever has the most money wins even if they legally should not.
  

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  1.10.2006 13:35 #31

• creaky

  pointless idiotic spam removed
  

  
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  1.10.2006 13:40 #32

• rickster9

  Actually, when it comes to trademarks, the big money hasn't faired well on a percentage basis.
  
  Disney has lost who knows how many suits now....Apple has lost a bunch too...including their suit against MAC ..the cosmetic company. Courts are finally deciding to use some common sense and asking themselves whether there is any damage or potential damage caused by the use of a portion of a trademark.
  
  

  1.10.2006 14:17 #33

• ZippyDSM

  rickster9
  it dosent stp the from hammering a another company into the ground,I hate sony for it it did to bleem.a paid emulator that dosen't use CP'd stuff can incress game sales.....doh!

  1.10.2006 14:30 #34

• mystic

  it sounds not only is apple scared of resent avents in manufacturing in countries like korea and others but they havent adressed the issue over the cost.. with the availblity of 4 gb portable media players(pmp) under the 75.00 mark why are people still buying the ipods with 1gb for 200.00 sad if apple wants to make right by adding free down loads then they might stay on top but now microsoft has entered the game theres going to be a price war if people just hold off from buying for a short while... its so sad when the newest gimic is ipod ready shoes or my favorite the Ipod tolit paper dispencer called the Ipoddie whats the world coming to when people need to jack in to the tolit to give a crap?

  2.10.2006 05:43 #35

• KrazyKarl

  ...um, does this mean God gets to sue Apple for their use of the fruit of temptation? Ooo! I hope he wins!

  2.10.2006 20:20 #36

• Mr-Movies

  We need to get rid of lawyers they just hose everything up when you can sue because your stupid and win there is something very wrong i.e., The women who spilled HOT COFFEE on herself while driving. What ever happened to common sense.

  3.10.2006 09:29 #37

• Skyzyx

  It's not about money, and it's not about copyrights. It's about trademarks and trademark law. A company can lose its trademarks to a word or name (including product and company names) if it becomes a regular part of language. Like Xerox (verb for making copies), Kleenex (the thing you blow your nose in), Rollerblades (the skates with the inline wheels)... even Google's trademark is in trouble (the act of searching online).
  
  Apple needs to take action (cease and desist -- not suing) to stop the loss of their perfectly valid trademarks. That's just how it all works.
  
  Kevin Rose from Digg.com recently had to say the same thing to get people to stop using 'Digg' in their website names due to fear of trademark loss. It sucks, I agree. But that's what companies MUST do to keep their trademarks.

  14.11.2006 20:00 #38