Sure, we're as sensitive to
brand rights issues as the next guy, but it seems like Apple might be going a bit too far on this one. Apparently a small company named Mach 5 is stepping on their toes with a new "Profit Pod" device that can track arcade machines for money put in and tickets spat out, and then wirelessly transmit the information to a PDA or notebook computer. It sounds like a boon for arcade owners, who won't have to manually inspect each machine, but Apple seems to think differently. "We believe there is confusing similarity between Apple's
IPOD mark and the PROFIT POD mark," says a recent letter from Apple legal to Mach 5. They go on to say: "we must ask that Mach 5 Products immediately abandon the pending application for PROFIT POD, agree to cease all use of the PROFIT POD." Apple seems to think the word "Pod," plus the similar functionality of transmitting data to a computer, use with video games, and the fact that, in their words, "the PROFIT POD product is a small, flat, round corned rectangular device with a display screen," (see picture above), make the Profit Pod a threat to that nifty brand name of theirs.`We wouldn't call it an iPod killer
per se, but maybe these Mach 5 folks are on to something.
[Via
Techdirt]
posted August 14th 2006 4:01PM
Open the pod bay doors, please, HAL.
(Doh! Lawsuit on its way)
For one thing, there's a lot of other things with the name pod in it. I think vegetables everywhere should rise up and sue apple. I mean, I'm sure Pea Pods were out way before the iPod. Sure, they only come in one color, but which one can save your life?! The peas!
Another thing.. don't most redemption machines already keep track of that for you?!
First they trademark Apple, now Pod...what's next, milk? badumdum.
Seriously though...I'll be here all week. Don't forget your waiters and waitresses...
First, don't most systems nowadays have this built in.
Second, vegetables of the world should sue Apple. Pea Pods have been around for many many years, so I'd say they have more right to the name.
"The legal campaign, which in recent days has drawn challenges to products with names such as Profit Pod and TightPod, reflects a broader attempt by some of the most successful consumer technology companies to prevent their best-known product names slipping into common usage beyond their control."
you are so damn yellow, Engadget. I'm starting to think you purposely post only pieces of the story as Flame Bait for advertising revenue, and i'm noticing more an more that it's the Apple stories you choose to withhold pertinent info to try and demonize them (because you know that'll get the mac fanboys out.)
for shit's sake, Engadget, have some integrity. this flame baiting is getting really old.
Practically everyone I have seen here mention the protection of trademark is why Apple needs to do this is actually not well-versed in TM law and have provided misinformation.
First, let me explain the difference betwen ™ and ®. You use the ™ symbol when you have submitted your trademark application. Once the trademark is approved and registered you can begin using the ® symbol. Now, Apple has trademarked the iPod™ brand, not the word Pod. I would assume that the application has been accepted and they can be using the ® symbol. Now to keep the term from becoming generic usage and lose the trademark they must:
- use the symbol with the iPod term
- advertise to keep the public aware that iPod is a brand and not a generic name for a DAP
- send letters out to people/businesses who abuse the trademark.
Check out the website for the iPod (http://www.apple.com/ipod/) and you can see they are doing a very poor job of point one. How many trademark symbols do you see? As for advertising to keep the brand name from becoming generically used for DAP players I am not sure, as I do not pay attention to their ads. Abuse of the trademark is when the person or business is using the iPod name without the appropriate trademark symbol or even as a description of their own product. When this happens the company owner of the trademark must send a letter to the abusing person/company to inform them of the abusive use. Faliure to send this letter implies consent of their uisage.
Mach 5's product and name do not qualify for abuse as it is not using the iPod name and it is not a DAP. So, yes this is completely out of line for Apple.
I didn't realize the iMac was so old. Then I suppose the question is how Compaq got away with the similar naming back then?
Oh... I forgot to mention that Mach 5 submitted their "Profit Pod" trademark 7 months before Apple did the "iPod" mark.
Mach 5
http://tess2.uspto.gov/bin/showfield?f=doc&state=2om4rp.8.1
Apple
http://tess2.uspto.gov/bin/showfield?f=doc&state=2om4rp.6.2
They soooooooo don't know the word "pod"... UNLESS, it's a device that downloads music and has the word "pod" in it-- like, MusiPod. That would be a legitmate defense because it's so close to the original device, but if there's a coffee maker named JavaPod (if it's shaped in a capsule-type), then that's a whole different story! ;-)
Sorry, replace the word "know" w/ the word own.
It's like those store private brand soft drinks (made by crappy Cott Corp.) having their own versions of Dr. Pepper, but not using the word "Pepper" in it (but using the word "Dr." or "Doctor" in it, such as Dr. Zip or whatever).
There is no 'e' in ridiculous! If you can't spell, maybe try an easier word such as: shameful, absurd, stupid or insane. Please note that no trademark searches were performed on the aforementioned words.
David; rubbish.
iPod = "a word that Apple made up". Stop pulling backronyms out of your proverbial.
LOL This is so funny! First we have Apple getting sued by such companies as "Tiger Direct", "Tiger Balm" and many many others. Then I just came from an article where a lady who was selling a laptop bag for over 4 yrs called Tight Pod got approached by some Apple Lawyer (Professional Liar) and was told to cease and desist or else. She said no, so they offered to pay her to change it when they found out she had a trademark on "Tight Pod"! She could have just as easily have threatened Apple with a lawsuit. Too funny!
But mainly I would say that these are all obvious bloopers Apple and so many other American Corporations are making like Microsoft with several Linux Distros, PCLinuxOS, Alinux, Linspire ecetera and so forth.
Apple although was for awhile making gains on MacIntels, but with all the negative press Steven Jobs is getting lately it's liable cut into any new sales deeply worldwide. His arrogance can be very annoying and puts him amongst some very unflattering company with the likes of RIAA in suiing their own potential customers! Wonder Why no iMacs or Music CDs are selling? The Owners need only look in the mirror! This is no way to sell your product! ;D
And I hear they are going after George Lucas about Pod racing too . . .