Use "POD" in your trademark, get sued. Has Apple gone too far?

Iria · Aug 12, 2006, 03:01 PM

Source: Between the Lines Blog (ZDNet)
_________
Has Apple gone too far?

Even if the product you make doesn't look, smell, feel, or do anything remotely close to what an iPod does, and even if consumers can't buy it on the shelves in a store, that apparently doesn't mean Apple won't release its legal dogs on you if the name of your product includes the letters P-O-D.

That's exactly what's happening to Dave and Carolee Ellison, owners of Mach 5 Products — a small, family operated business that makes games for arcades — the kind that either spit out tickets as a reward for your performance or the crane-oriented games where you take your chance at retrieving a stuffed animal or some other toy with a hand-operated crane.

Tipstaff · Aug 12, 2006, 06:12 PM

Sorry, Apple, but technically you guys are infringing too. See, the group known as P.O.D. (funny enough, Payable On Death) was around before your iPod. 10 years before infact. Also, there is a PC game called POD that was around 4 years before your precious iPod.

Better puckerup them lips, Apple, cuz you could be in for a "cease and desist" letter of your own.

Golbeze · Aug 12, 2006, 07:23 PM

"Both devices receive and transmit data and are used with computers," WTF?!

So do a million other devices that have been released! Should Apple go after every single device that connects to computers reguardless of their exact functionality?!

"both are used in connection with video games" This shows a readout of money taken in and tickets spat out, which is much different than what the IPod does. Last I checked, the IPod plays music, not crunch numbers used in business.

"Moreover, it has not gone unnoticed that, like Apple's IPOD device, the PROFIT POD product is a small, flat, round corned rectangular device with a display screen." Again, WTF?!!!!! So are the PSP, GBA, GBC, original Gameboy, the old Sega Game Gear... should I keep going? So, should Apple go after all these products too? Oh wait, a couple of them are older than the IPod, should Sega and Nintendo go after Apple?

Then, the use of the word 'Pod'. This is not a new word, it's actually a quite common word used for decades now, if not longer. Here's the definition from dictionary.com:

Botany.
1. A dehiscent fruit of a leguminous plant such as the pea.
2. A dry, several-seeded, dehiscent fruit. Also called seedpod.
Zoology. A protective covering that encases the eggs of some insects and fish.
A casing or housing forming part of a vehicle, as:
1. A streamlined external housing that encloses engines, machine guns, or fuel.
2. Aerospace. A detachable compartment on a spacecraft for carrying personnel or instrumentation.
Something resembling a pod, as in compactness.

Should Ninty go after anyone who uses 'cube' in their product name? Should Sega go after anyone who uses 'game' or gear' in their product name? Hey, there's a game called 'Guilty Gear', Sega should sue them!

pr0digal jenius · Aug 12, 2006, 11:17 PM

haha...tipstaff...I remember playign the hell out of POD on a pentium III

Tril · Aug 13, 2006, 05:07 AM

There's something called "enforcing your treadmark rights" but I think that Apple is going a little too far. There's no way to confuse both products.

Some info here : enforcing your treadmark rights

There was also a game called Star Wars Pod racer.

Aug 12, 2006, 03:01 PM	#1
Iria DriverHeaven Extreme Member Join Date: Apr 2004 Posts: 7,275 Rep Power: 89	Use "POD" in your trademark, get sued. Has Apple gone too far? Source: Between the Lines Blog (ZDNet) _________ Has Apple gone too far? Even if the product you make doesn't look, smell, feel, or do anything remotely close to what an iPod does, and even if consumers can't buy it on the shelves in a store, that apparently doesn't mean Apple won't release its legal dogs on you if the name of your product includes the letters P-O-D. That's exactly what's happening to Dave and Carolee Ellison, owners of Mach 5 Products — a small, family operated business that makes games for arcades — the kind that either spit out tickets as a reward for your performance or the crane-oriented games where you take your chance at retrieving a stuffed animal or some other toy with a hand-operated crane.

Aug 12, 2006, 06:12 PM	#2
Tipstaff HardwareHeaven Extreme Member Join Date: Jul 2002 Location: Real capital of Canada: Torauna Posts: 6,773 Rep Power: 191 System Specs	Sorry, Apple, but technically you guys are infringing too. See, the group known as P.O.D. (funny enough, Payable On Death) was around before your iPod. 10 years before infact. Also, there is a PC game called POD that was around 4 years before your precious iPod. Better puckerup them lips, Apple, cuz you could be in for a "cease and desist" letter of your own. __________________ Portal: The Flash Version _________________________________ Brain: So, you sacked the cocky khaki Kicky Sack sock plucker? Mr. Sackett: The second cocky khaki Kicky Sack sock plucker I've sacked since the sixth sitting sheet slitter got sick.

Aug 12, 2006, 07:23 PM	#3
Golbeze HardwareHeaven Addict Join Date: Feb 2006 Posts: 276 Rep Power: 0 System Specs	"Both devices receive and transmit data and are used with computers," WTF?! So do a million other devices that have been released! Should Apple go after every single device that connects to computers reguardless of their exact functionality?! "both are used in connection with video games" This shows a readout of money taken in and tickets spat out, which is much different than what the IPod does. Last I checked, the IPod plays music, not crunch numbers used in business. "Moreover, it has not gone unnoticed that, like Apple's IPOD device, the PROFIT POD product is a small, flat, round corned rectangular device with a display screen." Again, WTF?!!!!! So are the PSP, GBA, GBC, original Gameboy, the old Sega Game Gear... should I keep going? So, should Apple go after all these products too? Oh wait, a couple of them are older than the IPod, should Sega and Nintendo go after Apple? Then, the use of the word 'Pod'. This is not a new word, it's actually a quite common word used for decades now, if not longer. Here's the definition from dictionary.com: Botany. A dehiscent fruit of a leguminous plant such as the pea. A dry, several-seeded, dehiscent fruit. Also called seedpod. Zoology. A protective covering that encases the eggs of some insects and fish. A casing or housing forming part of a vehicle, as: A streamlined external housing that encloses engines, machine guns, or fuel. Aerospace. A detachable compartment on a spacecraft for carrying personnel or instrumentation. Something resembling a pod, as in compactness. Should Ninty go after anyone who uses 'cube' in their product name? Should Sega go after anyone who uses 'game' or gear' in their product name? Hey, there's a game called 'Guilty Gear', Sega should sue them! Last edited by Golbeze; Aug 12, 2006 at 07:29 PM.

Aug 12, 2006, 11:17 PM	#4
pr0digal jenius Delete Me Join Date: Mar 2004 Posts: 14,648 Rep Power: 0	haha...tipstaff...I remember playign the hell out of POD on a pentium III

Aug 13, 2006, 05:07 AM	#5
Tril S-3D enthusiast Join Date: Sep 2004 Location: Canada Posts: 1,676 Rep Power: 64 System Specs	There's something called "enforcing your treadmark rights" but I think that Apple is going a little too far. There's no way to confuse both products. Some info here : enforcing your treadmark rights There was also a game called Star Wars Pod racer.