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Apple Enforces Trademark on the Word ‘Pod’
Monday, August 14th, 2006 at 3:00 PM - by Brad Cook
Apple has sent cease-and-desist letters to two companies whose products use the word "Pod" in their names, despite the fact that one of them bears no resemblance to its iconic MP3 player and isn't even sold to consumers. Dave Ellison's company, Mach5Products, makes the Profit Pod, an infrared scanner that records the usage of arcade videogames. It's installed in the machines and is likely never even noticed by their users.
"I'm not going to change the name -- it's not like they offered us anything for it," Mr. Ellison told the Financial Times. A blog at ZDNet offers part of Apple's letter, which says: "Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. 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."
Another business owner, Terry Wilson, makes TightPods, which are covers that protect laptops, MP3 players and other electronic devices. After she filed for a trademark on the name, Apple sent her a letter explaining its own trademark filings for the word "pod."
According to another ZDNet blog, Ms. Wilson's response was to tell Apple that she will either remove the reference to MP3 players from her trademark filing, or that she will split with the company the cost of removing the offending word from her business, which she estimates at US$20,000. While she waits for Apple's response, she said she's prepared to go to court and defend her trademark if she has to.
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