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#1 2006-08-17 7:33 am

pcguy
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Don't u dare use the word pod :)

Following Google's insistence that media outlets shouldn't be using the term "Googling," Apple Computer has become similarly protective over the word "pod."

The Cupertino, Calif.-based company has sent cease-and-desist letters to at least two companies that include the word "pod" in their product titles, in connection with its iPod digital-music players.

Mach5products.com, which sells a device for collecting data from vending machines called Profit Pod, received one of the letters. TightPod, which manufactures laptop-protecting covers, got another.

Apple asked both companies to rename their products, arguing that they infringe on its iPod trademark.

cnet


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#2 2006-08-17 7:50 am

Zetetic Apparatchik
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Re: Don't u dare use the word pod :)

Morons.
They really should file a case against the Combine, they use a ton of pods.


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#3 2006-08-17 8:09 am

baldprof
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Re: Don't u dare use the word pod :)

Can't use the term Pod? Then whatever will the poor peas do?big_smile

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#4 2006-08-17 9:44 am

test
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Re: Don't u dare use the word pod :)

As I recall, they tried the same thing with McDonald's re the BigMac. I like some of Apple Computer's products but the company itself verbs groin and smurf to the max sometimes.


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#5 2006-08-17 10:22 am

MacFreak
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Re: Don't u dare use the word pod :)

Similarly, Apple has put a copyright on the letter "i" and therefore, any porducts with a name starting in a lower case "i" are now the property of Apple............

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#6 2006-08-17 11:40 am

chuckaeronut
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Re: Don't u dare use the word pod :)

Personally, I think "pod" is way too short and too... common... to be owned by Apple. "iPod" on the other hand, is completely a name that someone would have to think to come up with. But anything that includes "pod"?!? That's like Microsoft trying to get ownership of the word "windows"

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#7 2006-08-17 11:54 am

Czachorski
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Re: Don't u dare use the word pod :)

test wrote:

As I recall, they tried the same thing with McDonald's re the BigMac. I like some of Apple Computer's products but the company itself verbs groin and smurf to the max sometimes.

I remember them trying that with the "nothin but net" slogal from some of their commercials with Larry Bird and Michael Jordan.  Give me a break please - you can't trademark something as basic as that slogan or anything with "pod" in it!

That being said, Google and Apple are setting an important precedent for themselves - to protect themselves from becoming "generic" names (google and iPod).  Haven't there been bases where a product name becomes so mainstream, that the company loses trademark?  I know it happened with the "586" processor, but I think that was because it was a number.  Are there any others?  I think jello and kleenex are more or less used as generic names, but those companies still own the trademark, don't they?


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#8 2006-08-17 12:07 pm

test
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Re: Don't u dare use the word pod :)

Czachorski wrote:

Haven't there been bases where a product name becomes so mainstream, that the company loses trademark?  I know it happened with the "586" processor, but I think that was because it was a number.  Are there any others?  I think jello and kleenex are more or less used as generic names, but those companies still own the trademark, don't they?

I'm too lazy to google it but I think Bayer may have lost trademark or copyrights on "Aspirin". I'm not 100% sure though and, more importantly, I feel it essential in this context to reiterate I am too lazy to google it.

Last edited by test (2006-08-17 12:08 pm)


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#9 2006-08-17 1:58 pm

D'Eyncourt
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Re: Don't u dare use the word pod :)

Czachorski wrote:

[snip]
I think jello and kleenex are more or less used as generic names, but those companies still own the trademark, don't they?

Yes, and if you use these terms generically in a commercial work you will get a letter from their respective companies asking you to correct your usage to "Jello (tm) Gelatine" and "Kleenex {tm) Tissues" if you meant to use those specific products--otherwise you should have used gelatine or tissue in place of the brand names. I'm not saying that this is necessarily the correct action that these companies should take, just predicting probable the legal action.

And test: you're right--Bayer once did hold the trademark name of Aspirin but lost it by not "vigorously" protecting their trademark.


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#10 2006-08-17 5:59 pm

Spaceman
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Re: Don't u dare use the word pod :)

I have a friend who refers to his mp3 player as an iPod, I guess just because it's quicker to say.

I'd have a go except he's one of those people (ie anyone who doesn't own an iPod) who's quick to reel off a list of reasons as to why his device is better than an iPod.
At this point I normally just start playing parachute and leave him open mouthed.

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#11 2006-08-17 6:59 pm

Czachorski
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Re: Don't u dare use the word pod :)

D'Eyncourt wrote:

And test: you're right--Bayer once did hold the trademark name of Aspirin but lost it by not "vigorously" protecting their trademark.

Makes sense - Apple and Google probably have a legal need to be so persnickety about their trademark for fear of not being able to show that they are "vigorously" protecting it.  It reminds me of the adverse possession laws with respect to land.  When you first hear about them, they seem odd, but they actually make a lot of sense.

Last edited by Czachorski (2006-08-17 7:00 pm)


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#12 2006-08-17 7:05 pm

bratboy
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Re: Don't u dare use the word pod :)

It's probably relates only to electronic items with the word 'pod' in them.


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#13 2006-08-17 7:07 pm

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Re: Don't u dare use the word pod :)

What about podcasting software?


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#14 2006-08-17 7:15 pm

bratboy
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Re: Don't u dare use the word pod :)

Macskeeball wrote:

What about podcasting software?

They appear to be devices.  Podcasting relates to ipod use (and don't they use the term)?

shrug


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#15 2006-08-17 7:20 pm

MacBoy4139
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Re: Don't u dare use the word pod :)

podner the software was renamed.  It was a utility to convert videos to the iPod.  They also received a cease and desist a long time ago.


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#16 2006-08-17 8:13 pm

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Re: Don't u dare use the word pod :)

What the pod? roll

 

#17 2006-08-17 8:21 pm

resedit
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Re: Don't u dare use the word pod :)

Damn. I was working on a digital music player calle an eyePod.
I guess I'll have to contact my lawyer. The name is not chosen to copy Apple's product, it was independentally thought of and just happens to share 3 letters. Three freaking letters.

I swear, these big companies are starting to get out of hand.


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#18 2006-08-28 8:12 am

snowboarder
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Re: Don't u dare use the word pod :)

I have a client that has a brand name product that includes the word 'pod' and it took several weeks for us to get an exemption out of Google for them to advertise their own product in Adwords.

I do like Apple but they can be idiots sometimes!


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#19 2006-08-28 9:01 am

pcguy
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Re: Don't u dare use the word pod :)

I was at a construction site and notice a big metal 20ft container that is use to carry all the left over construction material, the name of the container is something like garbagepod!

I wonder will they receive a nice form letter from Apple soon, and if they actually use that name before iPod, maybe they should send Apple a nice letter.

Fair is fair, 2 can(should) play the same game. smile


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#20 2006-08-28 11:46 am

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Re: Don't u dare use the word pod :)

Interestingly (or perhaps not) "Pod" was established in 1976 (ref), the same year as Apple (ref). So unless Apple Computer had dibbs on the word "Pod" from the outset, they can go to hell! tongue

Pod shoes were just so cool when I was at school. The tossers wore Doc Martens, the hard bois Kickers, but the coolest had Pods. cool

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#21 2006-08-28 12:08 pm

mtpalms
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Re: Don't u dare use the word pod :)

bratboy wrote:

It's probably relates only to electronic items with the word 'pod' in them.

bratboy wrote:

Macskeeball wrote:

What about podcasting software?

They appear to be devices.  Podcasting relates to ipod use (and don't they use the term)?

shrug

Thank God these storage devices are safe!

Last edited by mtpalms (2006-08-28 12:09 pm)

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#22 2006-08-28 10:48 pm

pcguy
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Registered: 1999-11-18
Posts: 5234

Re: Don't u dare use the word pod :)

mtpalms wrote:

bratboy wrote:

It's probably relates only to electronic items with the word 'pod' in them.

bratboy wrote:

Macskeeball wrote:

What about podcasting software?

They appear to be devices.  Podcasting relates to ipod use (and don't they use the term)?

shrug

Thank God these storage devices are safe!

iPod can also be consider a"storage" device, I am sure Apple will sue them as soon as they have some spare time!

I swear that Apple make some of the coolest stuff(their pb/macbook laptop, iPod, MacPro), but when we talk about company policy(total control, bullies other), I think they are worst then even MS imo.

Last edited by pcguy (2006-08-29 1:27 am)


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#23 2006-08-29 12:18 am

TheConfuzed1
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Re: Don't u dare use the word pod :)

resedit wrote:

Damn. I was working on a digital music player calle an eyePod.
I guess I'll have to contact my lawyer. The name is not chosen to copy Apple's product, it was independentally thought of and just happens to share 3 letters. Three freaking letters.

I swear, these big companies are starting to get out of hand.

Change it to 'eyePawed.'  smile


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