joePod DOA

Cryptic, what?

Long story short: Apple Computer's lawyerbots have just been deployed to search out and destroy, via cease-and-desist letters, products and applications using the word "Pod" in their names.

In today's Financial Times Richard Waters reports from the newest infringement front.

Apple claims legal right to the word 'Pod'

Apple has laid legal claim to the word "Pod," arguing that other companies that use the word as part of their product names risk infringing the trademark of its popular iPod music player.

The legal campaign, which in recent days has drawn challenges to products with names such as Profit Pod and TightPod, reflects a broader attempt by some of the most successful consumer technology companies to prevent their best-known product names slipping into common usage beyond their control.

This month, Google drew attention to its own long-running battle to defend the trademark in its name when it wrote to the Washington Post to protest at the use of the verb "to google", though examples of similar warning letters date back at least four years.

Lawyers acting for Apple have in recent days written to at least two companies that use the word "Pod" asking them to drop the word from their product names, though the wider extent of the legal challenge remains unclear.

Dave Ellison, whose company, Mach5Products, makes the Profit Pod [top], said he had been sent a "cease and desist" request by Apple's lawyers last week, just after receiving trademark recognition for his product name in the US.

In its letter, Apple's lawyer said the name of the handheld device, an infrared scanner that is used to record activity on arcade video game machines, was based on a "a POD-formative mark and incorporates a substantial portion of Apple's iPod mark". Among other similarities alleged by Apple, "both devices receive and transmit data and are used with computers [and] both are used inconnection with video games".

Mr Ellison contested Apple's claim, arguing that his company's product was not sold to consumers and that he and his wife, Carolee, had thought up the name around five years ago, before they had heard of the iPod, which was introduced in 2001. "I'm not going to change the name - it's not like they offered us anything for it," he said.

Terry Wilson, maker of TightPods, slip-on covers [below]



designed to protect electronic products such as laptops and MP3 players, said that she had also been challenged by Apple after trying to get trademark protection for her product name: "I'll change the name if [they] will pay for the expenses of doing so - it's expensive."

The success of the iPod has led to widespread adoption of the word "Pod" in relation, for instance in the term podcasting.

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Rats.

Just when the crack research team, out back in the skunk works, was putting the finishing touches on the coolest bookofjoe accessory ever.

Oh, well — back to the ironing board.

Wait a minute....