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Hearing aid maker sues Apple over EarPods, alleges trademark infringement
Late last week, Apple was hit with a trademark infringement lawsuit courtesy of Randolph Divisions, a company that manufactures digital hearing aids. The Next Web reports that the suit, which was filed in Hawaii, alleges that Apple's EarPods headphones infringe upon their own "HearPod" trademark and product. Apple's EarPods were originally released alongside the iPhone 5 this past September. They were touted as offering better sound quality and more comfort than previous Apple headphones which, while iconic, weren't exactly best in class audio-wise. It's worth noting that Randolph Divisions has owned the "HearPod" trademark since 2007, though Apple itself does hold US trademarks for both "EarPods" and "Apple EarPods." So does Randolph Divisions have a case here? It sure doesn't seem like it. Under trademark law, the standard for infringement is whether or not two products are so similar as to cause a "likelihood of confusion" amongst consumers. In deciding whether two products with similar marks might result in customer confusion, a court may look at a number of factors, including how well-known a particular trademark is, how similar the two marks in question are (do they look similar, do they sound similar), the intent of the defendant and any evidence of actual customer confusion in the marketplace. In this particular case, it's a struggle to find an inkling of how customer confusion could exist. Randolph Divisions' HearPod hearing aids are in a completely different product category than Apple's EarPods. Furthermore, it seems hard, if not impossible, to imagine any consumer looking for hearing aids and mistakenly picking up a pair of Apple's white EarPods instead. It's also worth noting that the courts will sometimes look at how expensive or unique a product is when making a determination regarding the likelihood of customer confusion. For instance, when a product is particularly expensive or unique, customers are likely to be more informed of their purchase decisions and consequently less prone to confusion. To that end, hearing aids are as unique a product as any and it stands to reason that someone in the market for hearing aids certainly knows the difference between that and headphones. Nonetheless, the complaint attempts to paint both products as being similar in nature. It reads in part: Both Plaintiffs' Goods and Defendant's Goods are similar in nature in that, among other things, they are inserted into the ears of their users and are used to facilitate and enhance the transmission of sounds to the users. That's a stretch, to say the least. Randolph Divisions is also alleging infringement via trademark dilution. Here, again, the company runs into trouble as dilution is typically found when a company's trademark is either associated with an unseemly product (i.e. cigarettes) or is used on a product which blurs the distinctiveness of the original trademark. I would surmise that Randolph Divisons' only leg to stand on is the fact that the earpod.com domain name redirects to myhearpod.com, a domain owned and operated by Randolph Divisions. That, however, suggests that folks looking for the Apple headphones are more likely to be affected by product confusion than those looking for hearing aids. Randolph Divisions is asking for damages along with an order preventing Apple from selling its EarPods. Based on the above, I doubt this case will go anywhere, but it's certainly interesting to see Apple on the opposite side of a pod-centric legal dispute. Apple has historically been rather aggressive in protecting its Pod trademark. For instance, Apple opposed Sector Labs' plan to introduce a video projector called "Video Pod." The case ultimately went to trial with the US Trademark Trial and Appeal Board ruling that Apple's 'Pod' trademark was famous and therefore warranted broad protection under the law.
Apple EarPods review: A $29 revolution in earbuds or another set for the recycling bin?
Whether you think they're infamous or merely a signature piece of Apple design, there's no doubt most of us have been exposed the company's iconic white earbuds. Along with the latest batch of iPods and the iPhone 5, Apple announced the replacement for those dreaded earphones, a pair of 'buds called the EarPods. Given that these are bundled with new iDevices (also sold as a standalone for $29), it's hard not to think that the folks at Cupertino are drinking some sort of spiked Kool-Aid, claiming these rival headphones that cost hundreds more. While reviewing the likes of the iPhone 5, we also gave the EarPods a listen to find out whether or not they're just an over-engineered set of 'buds. You'll find our detailed verdict after the break.
Apple's September 12th event roundup: iPhone 5, new iPods, iOS 6, Lightning and everything else
The rumored iPad mini didn't rear its mythical seven-inch screen today at Yerba Buena, but no matter, as the iPhone 5 brought a potent smack of thunder Lightning. A few mere hours ago, the oft-leaked smartphone was officially been revealed by Apple, along with the next-generation iPod Nano, a redesigned iPod Touch packed with a Retina display and iOS 6 in its final form -- and those were just the main announcements. Of course, scrolling through Engadget's homepage might not be ideal if you're looking to sift through the day's news from Cupertino's favorite tech company in one fell swoop -- and that's why we've rounded it all up here, in one convenient spot. You can re-live the event at our archived liveblog here, otherwise you'll find a full listing of the news from it after the jump.
earPod creation could add auditory menus to iPod, DAPs
Rumblings about the layout and design of Apple's iPod scroll wheel in particular have been making the rounds for what seems like ages, but a new development from the Microsoft Research labs could nix the need to pull your DAP out and nearly collide with foreign objects whilst scrolling to a new tune. Aside from the glaring curiousness that stems from a Microsoft-derived project being dubbed earPod, the team has purportedly been working with scientists at the University of Toronto "on software that could make it possible to navigate the menus of gadgets that use circular touch pads with only audio cues." Essentially, touching the scroll wheel would provide audio clips to help you find your way through menus without ever seeing the screen, which would certainly prove useful on screenless DAPs. Currently, the system is quite limited in regard to the number of cues available, but here's to hoping that text-to-speech capabilities can become integrated as well so we can cycle through the thousands of artists and songs without even needing a display. [Warning: PDF read link][Via TechnologyReview]
