Apple to Pivotal: Take the 'pod' out of Podium
An excerpt from the cease and desist letter provided to TUAW states that "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."
"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" said Scott Baumann, president of Pivotal.
Date originally used: 1743 (a good 243 years before Apple was founded)
1: a low wall serving as a foundation or terrace wall: as a: one around the arena of an ancient amphitheater serving as a base for the tiers of seats b: the masonry under the stylobate of a temple
2: a dais especially for an orchestral conductor
The letter also alleges that Podium infringes on Apple's trademark because the stand mimics recent iMac models and that Pivotal's site for the product is also ripping off Apple's brand stylization. The cease and desist also covers Pivotal's currently in-development product, FlyPod. Pivotal states that the company will be seeking legal advice on the matter.
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