Who owns the word "pod?"

Summary: The answer, obviously, is no one. No one can in fact "own" a particular word, bu you wouldn't know that by the way Apple threatens and litigates products that use the word "pod" in their name.

http://iphonedailyreport.com/images/assets/0007/0765/steve-jobs-and-the-jury_01.jpg

The answer, obviously, is no one. No one can in fact "own" a particular word, bu you wouldn't know that by the way Apple threatens and litigates products that use the word "pod" in their name.

According to Wired the latest example is a company called Sector Labs whose Video Pod trademark has been blocked by Apple. However, unlike previous victims of Apple's abusive legal team like MyPodder, TightPod, PodShow and Podium, Sector Lab isn't taking Apple's legal threat lying down. The company yesterday filed a 239-page response to Apple's trademark opposition.

It appears that Apple is not only trying to put an iPod in everybody's hands and white earbuds in everyone's ears but to control the use of our language and most particularly the word 'Pod,' ... If we are not careful, in Apple's quest for dominance, they will soon attempt to take over the words 'Phone' and 'Tunes' — let us hope they do not attempt a coup over the exclusive rights to the letter 'i'.

According to Wired Apple must file a response to Sector Labs by April 1, and then Sector Labs will have the opportunity to respond.

Topics: Apple, CXO, Hardware, Mobility, Telcos

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

65 comments
Log in or register to join the discussion
  • And let us not forget

    "Profit Pod" back in 2005.

    Though I wonder if Mack Trucks can sue Apple over the use of the name "iMac"?

    I would laugh if they had to rebrand the line "iMachintosh" :)
    GuidingLight
    • I've always liked the FoxTrot name

      Let them rename it "iFruit". :D
      MGP2
    • Apple's Trademark History...

      Actually, if you remember your ancient history (circa 1983/1984) Apple paid the good folks at McIntosh, a manufacturer of premium stereo gear, for the right to use the name. Way back then their lawyers were cognizant of trademark infringement, so it's no surprise that they are aggressive in defending their trademarks.

      You all probably remember the tussle with Apple Corp Records (the Beatles) over the name "Apple". The suit finally ending after 20 years with Apple agreeing not to use the "Apple" name for anything having to do with the recording industry, then they turned around and started iTunes. That's why there weren't any Beatles songs there until just recently...
      cerving
  • Bad behavior

    OK, so I am a big supporter of Apple. THIS
    however is infuriating and has been for a while
    now. I am glad someone is firing back.

    Macadam
    use_what_works_4_U
    • This is not bad behavior at all

      One of the purposes of trademark is to create a machanism to allow consumers to know what they are buying, and who they are buying it from. They may hear wonderful things about iPods, and not realize that a "Video Pod" is something else altogether. It also prevents the "Video Pod" people from capitalizing on the good will built up by Apple with the iPod line of products.

      Trademarks are thus good for consumers and companies alike.

      Add on top of all of this that companies stand to lose the protections their trademarks offer them if left undefended, it only makes sense that Apple would go after every associated "Pod" product and company out there.
      RationalGuy
      • Yawn - Try again with better logic next time

        - FAIL
        Qbt
      • Using your logic...

        I guess ZDNet should sue the InterNET. ]:)
        MGP2
        • Don't search

          for logic among the Mactards, there is none.
          Mectron
      • Pod Thai

        OK, now I understand why Apple's iPod is so popoular. It capitalizes on the natural desire for Thai food - Pod Thai or Thai Pod. In fact, Apple stole four out of seven letters of "Tha iPod".

        The only reason Apple was granted trademark for "iPod" because this NEW word was not trademarked before. Saying that Video Pod creates an impression that this product was made by Apple is at least strange. No, it does not. The same way PeopleSoft or any other DahDahDahSoft does not create an impression that it was made Microsoft.
        On the other hand "iPod" sounds is if somebody is ordering a thai pod dish and does not know how to say it right.
        pupkin_z
      • you mean

        Apple is making sure that when i see something with the GENERIC UN-TRADEMARKACLE COMMON WORLD: POD, i can be sure it is one of apple's inferior overpriced low grade product?

        POD is a common world, Apple should be fined a billion or two for ABUSING the legal system for NO VALID reason.
        Mectron
        • Where did I say that Apple can trademark the word "Pod"?

          What I said was, "... it only makes sense that Apple would go after every [b]associated[/b] "Pod" product and company out there."

          The key word here being "associated" (i.e., pertaining to MP3 players and similar devices). In other words, obviously Apple shouldn't sue Keurig over their "coffee pods". However to claim that Apple has no case against a company produce a personal video device called the "Video Pod" is either extremely naive or outright disingenuous.

          Furthermore, to say Apple should be fined two billion dollars for defending their trademark in court is just stupid.
          RationalGuy
        • Can you say "Windows?"

          And I was just looking for some replacement transparent glass fitted in a
          frame to fill the opening in the walls in my house.
          msalzberg
      • No it's bad

        Apple strong armed a company over a product called "Podium" not
        iPodium, not Pod-ium, Podium! The product looked like a speaker's
        podium! BAD Apple!

        I'm a 25 year Mac user. If even I am appalled at this then you should
        at least wonder. Now I understand why I get tarred with the "Mactard"
        brush and accusations of always giving Apple a pass because I am a
        fan. Supporting this kind of action over an extremely common word
        referencing an unrelated product is overboard to say the least!
        Particulary an example like Podium where the 3 letters in question are
        part of a totally different word that is not even pronounced like their
        product!

        http://is.gd/oNa1
        use_what_works_4_U
        • So your contention is ...

          ... that a manufacturer of an iPhone accessory called Podium is not capitalizing on the name iPod? Are you serious? Your contention that Podium is "a common word referencing an unrelated product" is complete bs!

          As for the "Mactard" comment, I agree with Apple in this case because they're right. I like their products, but I don't agree with everything they do. However, all companies have the right to protect their intellectual property.

          On top of that, anyone who would dismiss your point of view by calling you a "Mactard" is arguing from an ad hominem fallacy. It's clear that people taking that position have no solid argument to make, so why would you dignify their position by even giving a crap? People like that aren't worth my time.
          RationalGuy
          • Agree to disagree

            We are going to have to agree to disagree somewhat. I agree that
            Apple needs to defend their trademark rights, but I feel they take it
            too far. Perhaps the Podium is related, but still, it's not pronounced
            the same way, it's not a product that competes with any Apple product
            (although it does compliment one) and in fact it's function is similar to
            any podium I ever used to hold my notes while giving a speech.

            if you want a better example look at the Profit Pod
            case.http://is.gd/oUR0
            Clearly this is an unrelated product, never seen by the general public,
            and IMHO obviously offers no infringement, competition, or potential
            market confusion whatsoever since Apple's general market would
            never even hear of it.

            What I am saying is that they take it too far sometimes and in my
            opinion this is such a case.

            I've never responded before to the "Mactard" label. All I am saying
            here is that despite the name being ignorant and juvenile, I now
            understand better where it comes from. Blind loyalty is blind and too
            much of it is harmful to perceptions of a group. It is a fallacy, I don't
            normally care, but a lot of people do and some of those people are
            perpetuating a stereotype.

            Your comments are well stated and well thought out. I disagree with
            you, but I do respect your opinion as it is obviously not totally blind.
            use_what_works_4_U
          • The Profit Pod case ...

            ... looks like it doesn't have a whole lot of merit. It doesn't appear to cause consumer confusion, nor does it seem to dilute the iPod brand. But ultimately, that's up to the court to decide.

            We will have to agree to disagree on whether or not Podium is riding the iPod brand coattails. I'm not saying it's not a clever name, but to me it's a blatant allusion to iPod.

            It seems to me that many people who group, label and stereotype other people do so as a shortcut to thinking. It's a person with a weak argument that has to resort to attacking the other party.

            [i]I do respect your opinion as it is obviously not totally blind.[/i]

            But it is somewhat blind?
            RationalGuy
          • Poor choice of words

            "Not totally blind" as opposed to the many remarks spewed here that
            <i>are</i> totally blind opinions with nothing to back them up.

            No I don't think you're statements are blind at all. You have obviously
            educated opinions.

            Sorry about that.
            use_what_works_4_U
          • It is not necessarily that something's related..

            it has to do with whether the consumer could think the product is from
            Apple.

            When people hear 'iPod' they think of Apple. If an electronic device with
            a similar name could confuse consumers, it's entirely within Apple's
            rights, and indeed, it is their responsibility, to protect that trademark.

            Look up 'trademark dilution.'
            msalzberg
          • I agree ...

            ... and I think most everyone here does. The problem is when Apple
            starts going after uses of "pod" that are clearly not related. Would the
            "reasonable man" argument not apply?
            use_what_works_4_U
          • It's an accessory, everyone knows that

            Belkin alone make over two dozen gizmos for attaching to ipods alone, more for the iPhone, etc. All of these are accessories for apples products. Many of them are Tune something.

            Everyone knows they are for the iPod but no one thinks they are made by anyone other than Belkin. And Apple...have they sued Belkin or passed on specs so Belkin can make products that enhance the iPhone without Apple haveing to put in the effort.

            And Belkin is only ony of a multitude of companies doing this.
            Khun_Tilt