Filed under: Bad Apple
Apple to Pivotal: Take the 'pod' out of Podium
Apple has issued a cease and desist letter to Pivotal, creators of Podium, a hands-free iPhone stand - namely over the use of the word "Pod" in 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.
Podium (noun)
Etmyology: Latin
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
Source: Merriam-Webster
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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Reader Comments (Page 1 of 4)
DoctorWhiteface said 12:29PM on 3-18-2009
Methinks that Ye Ol' Apple legal department is going a tad bit too far.
Does this 'frivolous' law suit anticipate anyone being dragged into court if the name of their product or service just happens to contain the 3 letters P O D in succession?
This is as stupid and ridiculous as Microsoft registering the name BOB.
Sheese!
I guess Webster's dictionary is going to have to modify a number of definitions :)
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guerro said 10:51AM on 3-18-2009
FlyPod I can understand Apple having a problem with. But Podium ???? Give it a rest Apple.
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grifmusic said 10:59AM on 3-18-2009
I'll second that!
Apple, please do not become lawyer-happy gangsters!
SubGenius said 12:20PM on 3-18-2009
If they take the "Pod" out of Podium, then it would be the iUm.
I wonder if Apple would have a problem with that too?
Patriks7 said 2:34PM on 3-18-2009
Ha. iUm. That's a pretty good one :p Here in central Europe many companies that made artificial rum (like with chemicals and shit to make it taste like rum and therefore it has a brown color, not the actual clear one it should have) had to change their name because of the EU and many of them (creatively) called it "um". Just found that quite amusing, that the company would be called after an alcohol and Apple would be suing them :p
forums said 12:55PM on 3-19-2009
Apple, my god, when are you going to stop this nonsense!!!!!!!
macserv said 3:34PM on 3-19-2009
They will never stop doing it... they are legally forced to do it every time there is the slightest whiff of infringement for as long as they seek to protect their copyright. The first time they DON'T do it, that opens the door.
Granted, this time is particularly weak, and I don't think Apple can prevail here, but they DO have to try, or basically forfeit their copyright.
Andre said 10:51AM on 3-18-2009
Pivotal should sue Apple for harassment. It's an English word. Lots of words have those three letters in them.
Apple is becoming ridiculous.
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Ryan Trevisol said 11:30AM on 3-18-2009
Indeed. I can see it because of the aluminum imac foot thing. But POD? Come on.
superberg said 10:55AM on 3-18-2009
Next up: Apple sues local podiatrist.
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KomputarGuy said 10:57AM on 3-18-2009
lol, yeah this is a bit ridiculous.
mikull said 5:54PM on 3-18-2009
Ha!!
Jonathan Miller said 10:57AM on 3-18-2009
This is the same as when Tiger Direct sued Apple for OS 10.4 "Tiger"
It is completely retarded.
Next up, Apple sues rock group P.O.D
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O3CAndrew said 3:27PM on 3-18-2009
Oh man. I read this will listening to P.O.D.'s Youth of the Nation track hahaha.
Gizmo said 11:01AM on 3-18-2009
Have a head start on me Apple:
http://www.morewords.com/starts-with/pod/
And when you've got through that one, give this to the legal dogs:
http://www.morewords.com/ends-with/pod/
And just to be sure than no iStone is left unturned:
http://www.morewords.com/contains/pod/
I've stopped eating peas and beans in protest and for fear of getting sued in perpetuity.
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Peter said 11:07AM on 3-18-2009
Put pod into your apple dictionary and look at how many words must now belong to apple.
What next, a trip to the super market to buy some round fruit of a tree of the rose family, which typically has thin red or green skin and crisp flesh. Many varieties have been developed as dessert or cooking fruit or for making cider.
I would like to call this an Apple but I fear a cease and desist letter.
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Don Perreault said 11:06AM on 3-18-2009
Please Apple give up on the petty bull.
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Johnny said 11:15AM on 3-18-2009
Yeah, this is ridiculous. It doesn't even sound the same. It's Po-dium, not Pod-ium.
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Luna Lovegood said 11:15AM on 3-18-2009
"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."
I've never, not once, had a friend ask, or have I asked a friend, "What are you listening to on your Pod?" For God's sake, no one even says "Pod" instead of "iPod" as a 'cool' abbreviation.
"Yo, dawg, have your 'rents given back your 'Pod? That was lame of them fo' sho."
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Sax25 said 12:53PM on 3-18-2009
HAHAHA.. exactly! Since when has anyone ever refered to an iPod as a Pod? Apple are a bunch of lame ass bullies. The word "podium" existed way before Apple ever came along.
I think they are just being petty because the stand looks like something they would have done.