Apple is taking legal action against a series of businesses who use 'pod' in their titles. The company claims that the businesses violate its rights in the term because of its iPod music player.
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.
