Podcast
Ready makes myPodder software for downloading podcasts and received
a cease and desist letter from Apple in recent days. The letter
claims that the use of the term 'pod' violates its rights.
"As you may be aware, Apple has used its iPod mark since at
least as early as October 2001," says Apple's letter, as published
on Podcast Ready's website. "Since that time, the iPod trademark
has become famous. Moreover, the term Pod has also been adopted and
used extensively in the marketplace by consumers as an abbreviation
to refer to Apple's iPod player."
"While Apple, of course, has no general objection to proper use
of the descriptive term 'podcast' as part of a trademark for goods
and services offered in the podcasting field, it cannot allow marks
that go beyond this legitimate use and infringe on Apple's rights
in Pod and iPod."
Podcast Ready said in a statement on its site that it will carry
on its business. "While our legal team is reviewing the trademark
cease-and-desist letter from Apple Computer, we will continue our
efforts to make it easier to subscribe to, manage and share audio
and video podcasts on multiple devices."
Information Week has reported that Apple has brought its
infringement action across the Atlantic. It reports that a UK
company, Securipod, has been contacted by the company. "On the
final day for opposing our [patent] registration, Apple issued an
objection," Securipod's Marion Barling told Information Week. "We
are currently waiting for further details from Patent Office as to
Apple's reasons for objection. Either way, it will be quite
costly."
Other companies which have faced similar action include
TightPod, which is now called TightJacket, Profit-Pod and
Podvertiser.
New Jersey-based TightJacket is a one-woman business making
laptop bags. Owner Terry Wilson was reported to have accepted
payment from Apple to change the name of her firm from TightPod to
TightJacket. She had claimed that the 'pod' part of the name came
from 'pea pod' because "the cover fits snugly and is form fitting",
according to her website.
