Our Broken Intellectual Property System; Apple iPod

desslock · 09-27-2006, 12:31 PM

More evidence of our broken system of trademark law

http://www.dailymail.co.uk/pages/liv...n_page_id=1770

Apple Goes to War Over 'Pod'

Apple is waging war against companies that use the word "pod" in product and company names, arguing customers will be confused by what brand they are buying.

The action has been fuelled by Podcast Ready, a 13-employee company, which has developed software to allow podcasts to be delivered directly to digital music players.

Lawyers for Apple, makers of the iPod, have demanded the corporation stop using the word "pod" in its name and software.

But Russell Holliman, who found Podcast Ready in November, is undeterred and said he will fight the technology giant.

He said: "We've built a lot of value in the term Podcast Ready. To the extent that if we can we're going to try and stay the course and continue what we're doing."

The firm has partnered with makers of MP3 players, pre-loading its MyPodder software on all shipped music players, with its Podcast Ready logos on the packaging.

It's launching a version that works with the Apple iPod tomorrow.

Apple has existing registration and pending trademark applications in the US and abroad for the words "iPod" and "pod."

It said: "The term pod has been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's iPod player."

Podcast Ready has until October 5 to respond.

Xstr8guy · 09-27-2006, 01:12 PM

Isn't the term "podcast" trademarked by Apple already? I agree that they have no claim to "pod" but "podcast" never existed until Apple invented it.

JohnV · 09-27-2006, 01:19 PM

It will be interesting to see if $$$$$ or common sense wins the fight. In the U.S. we seem to be lacking in the common sense area and too many are swayed by the almighty dollar.

**Squirt** · 09-27-2006, 09:07 PM

This is stupid

and typical for American corporations

Dominate everything INCLUDING language give me a fucking break.

Europeans have more common sense when it comes to business law and monopolies.

Often times big corporations will use frivolous lawsuites to put smaller companies out of business. My feeling is it's odd that the company the Ipod people are going after beat Ipod to the punch making a competing software portal and this is Ipods revenge. :whip:

desslock · 09-28-2006, 09:04 PM

"Dominate everything INCLUDING language give me a fucking break. "

Well I wouldn't just peg it as an American phenomenon. Europe really tries to patent its legacies and languages.....

If I began selling Feta cheese, the EU, fueled by the Greek farmers would come after me and shut me down for making cheese. However, the last time I saw characterizations of evil, greedy corporations, I don't recall bucolic images of the Thessaloniki countryside and their passionate farmers.

I would be violating their Protected designation of origin (PDO) law, an EU practice, which does exist in the US but on a very limited scale.

I think in that Feta example, I wouldn't be taking the Greek positon.

I'm all for property rights. I find it an interesting question with lots of ponder. The law needs to protect everyone, and be reasonable... and not promote "jackpot justice" or intimidate newcomers. :morning:

Steve

**Squirt** · 09-28-2006, 09:20 PM

Originally Posted by desslock

The law needs to protect everyone, and be reasonable... and not promote "jackpot justice" or intimidate newcomers.

but this is exactly what the American legal system promotes.

In Germany if someone takes you to court and loses they have to pay your court fees. In America they don't. Anyone with a couple hundred bucks can legally waste you time, money and resources with little or no reprocussions in a small claims court. Class action cases. Most of the general public knows that our legal system is abused, and is easy to abuse.