Apple challenges startup's use of the term 'Pod' - Techist - Tech Forum

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Old 09-27-2006, 01:38 AM   #1 (permalink)
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Exclamation Apple challenges startup's use of the term 'Pod'

Great! Once again we got another company getting on the bandwagon about how they thing they can Trademark the english language.

http://www.crn.com.au/story.aspx?CII...edate=20060927

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Apple challenges startup's use of the term 'Pod'

Apple has sent a legal notice claiming to own the term "pod" on mobile devices and software and has demanded that startup Podcast Ready stop using the word in marketing its application for updating podcasts on digital media players.

Podcast Ready, based in the US, offers at no charge software called MyPodder that a person can use to manage and update podcasts on a portable player. The current version of the software works on devices running Microsoft's Windows Media Player software, but the company plans to launch a version of its product for the iPod.

The launch is scheduled for the Podcast and Portable Media Expo.

Podcast Ready's device partners often ship the software preloaded on digital players, and stamp the "Podcast Ready" brand on the packaging. Apple's objections relate to the startup's use of the term pod in relation to mobile devices and software, Russell Holliman, chief executive and founder of Podcast Ready, said.

"They don't object to Podcast Ready, only to its use in the context of a portable device," Holliman said. "But that's kind of what podcasts are all about."

Apple did not have an immediate comment, but in its letter, the Cupertino, computer maker said it owns the iPod trademark, and has an application at the US Trademark Office to make pod a trademark. The company claims that use of the word in conjunction with mobile devices would confuse consumers.

"Apple is concerned that certain uses of 'Podcast Ready' and 'MyPodder' by your clients is likely to confuse consumers into mistakenly believing Apple is associated with your clients' products and services," the letter, supplied to TechWeb by Podcast Ready, said. The letter was sent to the startup's attorney.

Apple claimed that the term pod is used extensively among consumer as an abbreviation for the iPod.

"I never in my life ever met anyone who calls it (the iPod) a Pod," Holliman said.

Podcast Ready is marketing MyPodder as an easy way to keep a person's favorite podcasts up to date. Each time a device is connected to a computer through a USB port, the software automatically performs the update. Adding or removing podcasts for downloading is done through the company's Web site.

Podcast Ready had been notified by Apple two or three weeks ago that it had objections with the company using the term MyPodder, but did not indicate Podcast Ready was a problem, or that it would claim to own the pod trademark.

"I had to read the letter three times, because I couldn't believe I was reading it properly," Holliman said.

The chief executive didn't know whether Apple's challenge would affect his ability to raise money from new investors. Holliman, however, planned to release the iPod version of his company's software, as well as other new products, as scheduled on Thursday.

After that, the company will decide how to respond. There is, however, concern over a pending legal battle with a far wealthier opponent, Holliman said. The company has until Oct. 5 to respond.

"We're going to take every bit of time that we have to think about this," Holliman said.
I will remember this the next time I get PODded in EVE Online.
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Old 09-27-2006, 11:16 AM   #2 (permalink)
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I guess we won't be watching Invasion of the Body Snatchers any more.

It makes reference to "body snatcher pods."
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Old 09-27-2006, 03:55 PM   #3 (permalink)
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Cool "iPowerCarbonXAquaPodPadBook..."

I just think it's pretty stupid that ever since Apple created the iMac, other companies started making i-Everything. ... Ever since Motarolla/IBM made the PowerPC, companies started making Power-Everything, and this is no different.
I'm just glad Apple finally put their foot down this time. It's funny how companies criticize the way they do business, yet even quicker to steal their trademarks and ideas.

I am with Apple on this one. otherwise there will be an ePod on the market made by Micro$oft.
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