Apple sued over 'EarPods' trademark by hearing aid company
A digital hearing aid company has filed suit against Apple, claiming that the EarPod headphones the iPhone maker sells violate the trademark of a similarly named product: HearPods.
As The Next Web reported on Monday, Randolph Divisions filed suit in the Hawaii District Court in Honolulu last week, claiming that the EarPods' name is too close to that of Randolph's own HearPods digital hearing aids. Randolph owns the HearPod corporation, which is based out of Nevada, and filed for the "HearPod" trademark in late 2005, receiving a subsequent registration in 2007.
Randolph Divisions' suit seeks a permanent injunction based on "trademark infringement, unfair competition and dilution." It calls for the matter to be decided by a jury with a goal of destroying all Apple materials associated with the EarPod mark.
Apple introduced the EarPods in September of last year alongside the company's newest iPhone and iPod models. The $29 headphones also include a remote to control an iOS device and a microphone. Apple owns US trademarks for "EarPods" and "Apple EarPods," both of which were registered in 2013.
Prior to revealing the devices, though, Apple failed to secure the domain names for earpod.com and earpods.com. Earpod.com currently redirects to MyHearPod.com, a site for Randolph's HearPods.
As The Next Web reported on Monday, Randolph Divisions filed suit in the Hawaii District Court in Honolulu last week, claiming that the EarPods' name is too close to that of Randolph's own HearPods digital hearing aids. Randolph owns the HearPod corporation, which is based out of Nevada, and filed for the "HearPod" trademark in late 2005, receiving a subsequent registration in 2007.
Randolph Divisions' suit seeks a permanent injunction based on "trademark infringement, unfair competition and dilution." It calls for the matter to be decided by a jury with a goal of destroying all Apple materials associated with the EarPod mark.
Apple introduced the EarPods in September of last year alongside the company's newest iPhone and iPod models. The $29 headphones also include a remote to control an iOS device and a microphone. Apple owns US trademarks for "EarPods" and "Apple EarPods," both of which were registered in 2013.
Prior to revealing the devices, though, Apple failed to secure the domain names for earpod.com and earpods.com. Earpod.com currently redirects to MyHearPod.com, a site for Randolph's HearPods.
Comments
These guys don't stand a chance. Particularly in light of what has just occurred over Apple's own "iPad Mini" trademark ruling.
Ear is ear. And Hear is hear. They are two different english words. "pod" is simply generalized descriptor.
I see a hand of Samsung on all the companies filing lawsuits on Apple. SamScum has a dedicated wing to search for all the things that are capable of filing a lawsuit on Apple and provoking companies to do so.
I think they have a case. HearPods could be mistaken by EarPods. Although, Apple might be able to argue that their 2005 domain registrar date (earliest evidence I could find of their existence) as proof they created their name from the iPod fame.
I think it's the opposite. They clearly tried to grab onto Apple's cache by using the "pod" descriptor for an audio device. It's Randolph's trademark that should be invalidated, (in my less than legal opinion).
Quote:
Originally Posted by SolipsismX
Quote:
Originally Posted by isaidso
These guys don't stand a chance. Particularly in light of what has just occurred over Apple's own "iPad Mini" trademark ruling.
Ear is ear. And Hear is hear. They are two different english words. "pod" is simply generalized descriptor.
I think they have a case. HearPods could be mistaken by EarPods.
Doesn't matter. This is not a situation where something is named MoowMoowPods and then somebody else comes out with something called FoowFoowPods. "Ear" and "hear" have REAL distinct actual meanings. They are real words. They are not a "brand" word (like "Cheerios"), and they have completely different REAL meanings. The only thing I see that could be at issue is the word "Pod". And I don't think they would win on that one either.
Don't you have to defend a trademark or lose it?
Again I'll say this. Just ask the guy with the website mikerowesoft.com how things turned out when MS sued him or the guy that owns Nissan.com
Because people will assume that they copied Apple instead of vice versa.
Apple? I've been wanting a piece of them for years!
Quote:
Originally Posted by Slurpy
Earpods have been out for nearly 7 months. Why is this company suing just now? Did they just notice? How cynical.
Seven months is nothing. Did you expect them to notice on the first day? Did you expect them to file without first investigating, contacting Apple, and exhausting any other venues?
(the words "we make hearing aids, not headphones, dummy" come to mind)
Why just for the hell of it, at least settle for one of every new Apple product for life
Probably more lucrative than a free liferime coffee settlement
Quote:
Originally Posted by Slurpy
Earpods have been out for nearly 7 months. Why is this company suing just now? Did they just notice? How cynical.
Quote:
Originally Posted by hmm
Seven months is nothing. Did you expect them to notice on the first day? Did you expect them to file without first investigating, contacting Apple, and exhausting any other venues?
Indeed. That's common sense, as common as it comes. Why is someone not able to figure this out? Do they just rant for the sake of it? How cynical.