August 12th, 2006
Apple Over the Top? Does this Infringe on the iPod?
By Michael Santo
Contributing Writer, RealTechNews
Look at that picture. The darn thing is rectangular, has a screen … how dare they use the letters “POD” in the name? It’s obviously going to be confused with the iPod! I think Apple oughta tell these guys to cease-and-desist! And in fact, Apple has.
Yep, Dave and Carolee Ellison, owners of Mach 5 Products, have developed a product that makes it easier for arcades to figure out how many of those tickets that you trade in for those “valuable” prizes have been spit out by a game. Sounds like a real time-saver, but when Mach 5 applied for a trademark, Apple got wind of it.
Part of their letter to the Ellisons:
PROFIT POD is a POD-formative mark and incorporates a substantial portion of Apple’s IPOD mark. The products are likewise related. Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. Moreover, it has not gone unnoticed that, like Apple’s IPOD device, the PROFIT POD product is a small, flat, round corned (sic) rectangular device with a display screen. Source: Between the Lines Blog (ZDNet)
We Say: Apple noticed all these similarities but missed the fact that the Profit Pod doesn’t have a battery pack or play music. Or have a headphone jack. It’s also not too portable (see the wires attached to it?). I think PeaPod better start worrying (its stores are rectangular and it has displays on its cash registers). Obviously this very small business is no threat to Apple, and most likely the only people who would hear about this device are arcade owners at trade shows. For a company that purports to be “better than Microsoft”, this is ridiculous (and no, this isn’t Microsoft-fanboyishness or Apple-bashing … read more of my posts if you think it is).
David Johnston says:
What are these guys gonna do!?!?! http://www.pods.com/
“PODS gives you extra storage space for your home or business.
Use your PODS Brand Container for on-site storage at your home or business so you can have immediate access to your belongings. Or, store it at our dry and secure PODS warehouse, where you can have access within 24 hours with just a phone call. Whether you’re in need of convenient short-term, interim or long-term self-storage arrangements, PODS offers a variety of cost-effective options.”
Hmm, so they make containers that store things and can be carried across the country (that makes them portable, right?). I smell a lawsuit
August 12th, 2006 at 8:22 am
SomeDumbGuy says:
I’m waiting for the pod people from “Invasion of the Body Snatchers” to go after Apple for copyright infringement….
August 12th, 2006 at 8:58 am
Mike says:
Trademark law requires that a holder defend their trademark and take action against any potential infringement. If they don’t, they risk losing exclusive use of the mark in that category. There are plenty of ridiculous examples of legal action like this but in the larger picture, it makes sense for the trademark holder.
August 12th, 2006 at 5:56 pm
Rob says:
Mike, normally I’d agree with your sentiment but this is just too much of a stretch. Profit Pod’s use of the word “pod” does not dilute the iPod brand or otherwise affect Apple’s position in any of its markets.
And hell … “Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. … [A] small, flat, round corned (sic) rectangular device with a display screen.” That sounds like my TI-83. Or my PDA. Or my cell phone.
August 13th, 2006 at 7:16 am
Leo says:
Lets not forget there have been guage pods in cars and trucks for much longer than iPods have been around. And these also interact with computers, some even have displays on them. Its absolutely ridiculous to think that Apple can trademark the word pod.
August 14th, 2006 at 9:29 am
Andrew says:
Apple seems to be getting a little paranoid, considering this device does not have any similarities with the iPod.
August 17th, 2006 at 11:28 am
MapleMama says:
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!
August 18th, 2006 at 12:27 am
» Not Just the Word Pod, Apple Now Owns Silhouette Ads? » Blog Archive Alice Hill’s Real Tech News - Independent Tech says:
[…] You may recall Apple’s been filing lawsuits against companies using “Pod” as part of their product names, even when those products couldn’t possibly be confused with an iPod. Apparently they also feel like they own “silhouette ads” as well. Or perhaps they just don’t like the idea of the iBuzz, which David wrote about much earlier this year. “Our client owns the copyright in all the images used in its ‘Silhouette’ advertising campaign and actively polices its rights in order to protect itself and its consumers…. Certain images used on your website (www.ibuzz.co.uk) may have been copied or substantially copied from those in which our client own the copyright, without our client’s consent… Your use of such images amounts to copyright infringement.” Source: Gizmodo […]
December 12th, 2006 at 8:30 pm
» Right Name, Different Company … Linksys Launches the iPhone » Blog Archive Alice Hill’s Real Tech News - Independent Tech says:
[…] We Say: Thankfully, since it’s a registered trademark, Apple won’t be able to sue as it did in cases like the ProfitPod. […]
December 18th, 2006 at 12:50 pm
» Apple’s Latest Cease-and-Desist: iPhone Skins » Blog Archive Alice Hill’s Real Tech News - Independent Tech says:
[…] Apple is very protective of its IP, as you might recall with the cease-and-desist order over the Profit Pod, a device used for tracking those tickets given out at arcade games (and which bears no resemblence to an iPod). This one has some merit, as copyrighted icons are being used, but still … they have even gone so far as to “request” journalists to remove pictures of the skins running on other devices (which is why there is no image, which I originally inserted, in this article). The issue has angered Apple to such an extent that it has sent its lawyers after a number of those involved - both directly and indirectly. The skins don’t add any new functionality to the devices, but make use of the iPhone’s copyrighted icons to create a UI that distinctly resembles Apple’s hybrid mobile phone. […]
January 15th, 2007 at 7:18 am
» Google Risks Wrath of Apple with iGoogle Personalized Home Page » Blog Archive Alice Hill’s Real Tech News - Independent Tech says:
[…] We Say: Like I said, although I do believe Apple has gone lawsuit-happy, suing companies for devices such as the ProfitPod, Google is probably safe here. Now, PodGoogle or GooglePod … that would be dangerous. Share and Enjoy:These icons link to social bookmarking sites where readers can share and discover new web pages. […]
April 30th, 2007 at 3:53 pm
iMe says:
Apple is slowly turning into microsoft,
Rip off open source, add i-candy and then sue anyone who tries to compete with the california cool mindset.
May 1st, 2007 at 6:17 am
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June 21st, 2007 at 5:26 am