Apple has recently sent a cease and desist to Pivotal for their Podium iPhone stand. The main reason behind the C&D is because Podium has the work Pod in it, and Pod is “short” for iPod. Also included in the letter was that it copies the design of the iMac and display stands.
I’m sure you will agree with me that this is completely out of line! Since when is Pod short for iPod? I’ve never heard anyone call an iPod of any style a Pod. I actually think Podium is a very fitting name for the device. It looks like a podium and fits in nicely with the design of the iPhone. TUAW received a copy of the cease and desist letter, and this is what Apple had to say:
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. The IPOD and POD marks indicate to consumers that a broad range of products, including portable electronic devices, computer software, and related goods and services bearing those marks and marks similar thereto originate from or are sponsored or endorsed by Apple.
The president of Pivotal, Scott Baumann has chimed in with his thoughts:
If you look at our product and then look up the word Podium in the dictionary, I think it becomes pretty clear where our branding inspiration came from.”
Even Apple’s Dictionary does not mention ‘iPod’ anywhere in Podium’s definition. It’s even pronounced differently! If they want to go after them for the stand design, they also need send their lawyers over to Just Mobile for their XStand as it shares the same design. Is Apple taking it too far? Yes, I think so.
[via TUAW]
{ 4 comments… read them below or add one }
line 6 is screwed. just look at their product line.
I think there is more to these ridiculous lawsuits than meets the eye. I think they have to be so aggressive—to the point of coming across as jerks, I know—in order to prevent others from infringing on their trademarks. I bet if you sat one of their lawyers down and asked them off-the-record whether they really think this product’s name infringes on their trademark, they would say no, but I think they have to do this for appearances’ sake, to send the message across that they’ll come after you with a stick if you try to cash in on the success of their iPods, you know.
Hrmm, I think apple MAY have an angle on the stand thing, although I don’t know why they would pursue it, It’s not like the company is competing, if anything, its helping them!
In regards to the name, its ridiculous. Podium should counter-sue apple for making their keynote icon represent their product name if apple gets away with the whole POD thing! arghh!
In the USA, Canada, and Australia, there is a company called PODS ( http://www.pods.com ) that provides a moving and storage service based on “pods”, which are like the shipping containers used everywhere on ships, trains, trucks, and more.
I don’t see Apple going after them.