Apple sued over 'EarPods' trademark by hearing aid company

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Comments

  • Reply 21 of 32
    Apple has held market dominance for the last decade with an audio product involving amplification to the ears, using the term "Pod" to refer to the system. It was a unique use of the term at the time Apple employed it as well. I can't see someone taking that "Pod" suffix and adding their own prefix, in order to enjoy the benefits of being mentally associated with Apple's product, then being able to sue Apple when Apple chooses to use use a similar sounding prefix for a new version of a long existing product that has been a part of their "Pod" line of products.
  • Reply 22 of 32
    fotoformatfotoformat Posts: 288member


    'EarPod? What the 'eck's an 'aitch got to do with it?


     


    As they say in Yorkshire, It's not 'igh 'edges that 'urt the 'orses 'ooves, it's the 'ammer, 'ammer, 'ammer on the 'ard, 'igh road!

     

  • Reply 23 of 32
    ronboronbo Posts: 669member


    It's obvious that in naming the "HearPod" these people chose a name as close to Apple's as they could get without being sued. And now they're complaining because Apple has named something that sounds too much like their?


     


    This is like Microsoft designing Aero to look as much like Aqua as they could, then, when Apple tweaked Aqua, people claimed Apple was copying it?


     


    Or consider a more made-up scenario, but one that's more illustrative of what I think is happening here: You're an incredibly rich kid and there are rules for how close 2 people can sit from anyone else. If you sit too close, you have to pay them or move back. So you go to the gym to watch a basketball game, and you sit on the bleachers. As many people as possible crowd around you, sitting as close as they possibly can without actually violating the rule. And now if you so much as fidget, they complain vociferously that you're sitting too close and want you fined. Surely it should matter that they went out of their way to crowd you?

  • Reply 24 of 32
    ronboronbo Posts: 669member

    Quote:

    Originally Posted by KennMSr View Post



    How stupid could a company be. I never heard of HearPods but they have the opportunity to ride the wave of the Apple Halo effect by having a name that could be confused for Apple's EarPods. They have a greater chance of success by keeping their greedy mouth shut and wallow in the notoriety of Apple's success and then skim off the misdirected searches.


     


    Quote:

    Originally Posted by dasanman69 View Post





    Because people will assume that they copied Apple instead of vice versa.


     


    Which they really kinda did, didn't they. They didn't copy off "EarPod" but they didn't come up with "HearPod" out of the blue. It was a pretty damned derivative name. 

  • Reply 25 of 32
    dasanman69dasanman69 Posts: 12,980member
    ronbo wrote: »

    Which they really kinda did, didn't they. They didn't copy off "EarPod" but they didn't come up with "HearPod" out of the blue. It was a pretty damned derivative name. 

    Inspired yes, copied no.
  • Reply 26 of 32
    icoco3icoco3 Posts: 1,459member

    Quote:

    Originally Posted by dasanman69 View Post





    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


     


    As for nissan.com , that is an interesting story.  Mr. Nissan has traded under his name since the 70's.  Datsun changed their name to Nissan long after he was using it in business and Mr Nissan bought the domain first.  Nissan, the car company, had a hissy fit but still lost.  Power to Mr Nissan !!!!


     


    For more reading.... http://www.digest.com/Big_Story.php


     


    For mikerowesoft.com reading... https://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

  • Reply 27 of 32
    lightknightlightknight Posts: 2,312member
    @jb_in_sb : actually, it's more like being In-N-Out Burger and suing the guys who would start "In-N-Up Burger". And not even then, because these guys would have named on purpose, and Apple did not name Earpods to bank on Hearpods fame. Randolph does have a point when saying that Earpods will destroy their Hearpods brand recognition in my opinion, and they should therefore sue (or let the name drop) since that's how the legal system works. Sue, or abandon your brand. Anyone who hates that system can go and contact their Senator to complain ^^
  • Reply 28 of 32


    Or maybe if they used a hearing aid (or made a better one) they would easily distinguish between the words "ear" and "hear"?

  • Reply 29 of 32


    Looks like my colleague Randy Wohler, who is a 3rd generation Hearing Aid Professional in Hawai'i, has Apple by the balls, not the least of which is the online advertising for "earpods" as a violation of the draconian Digital Millenium Copyright Act of 2000 ("DMCA"): If his lawyer would be smart, he would file a DMCA injunction against Apple which would be both highly damaging, and embarassing.



    What's more, we now have the plethora of Apple-endorsed iPhone-based hearing aid apps, with the latest being the free (and rather good) open source BioAid out of England; and also the whole "Made for iPhone" hearing aid initiative, (as featured in Blogger gets the scoop on Made for iPhone hearing aids coming your way soon) blurring the line between iPhone and hearing aid.



    Methinks if Randy has a Really Good Trademark Lawyer, Apple will lose millions for this blatant intellectual property (IP) theft.



    Here's another take from an Apple sycophant in MacLife.



    Dan Schwartz,

    Editor, The Hearing Blog

     

  • Reply 30 of 32
    icoco3icoco3 Posts: 1,459member
    Looks like my colleague Randy Wohler, who is a 3rd generation Hearing Aid Professional in Hawai'i, has Apple by the balls, not the least of which is the online advertising for "earpods" as a violation of the draconian Digital Millenium Copyright Act of 2000 ("DMCA"): If his lawyer would be smart, he would file a DMCA injunction against Apple which would be both highly damaging, and embarassing.


    What's more, we now have the plethora of Apple-endorsed iPhone-based hearing aid apps, with the latest being the free (and rather good) open source BioAid out of England; and also the whole "Made for iPhone" hearing aid initiative, (as featured in Blogger gets the scoop on Made for iPhone hearing aids coming your way soon) blurring the line between iPhone and hearing aid.


    Methinks if Randy has a Really Good Trademark Lawyer, Apple will lose millions for this blatant intellectual property (IP) theft.


    Here's another take from an Apple sycophant in MacLife.


    Dan Schwartz,

    Editor, The Hearing Blog

     

    And where in the world did he ever come up with the term "POD" to add to his product name???? Sounds more like he wanted to hang onto the coattails of Apples success.

    Curiosity...a search of your website shows no hits for hearpod, hearpods, earpod, or earpods. If he is a "colleague", why no articles concerning them?
  • Reply 31 of 32
    rezwitsrezwits Posts: 614member


    That's what's so great about Patents, Trademarks, and Copyrights…


     


    I just don't understand why we have to wait till we all live on 3 to 5 planets, and there are around 50 trillion people in existence, in the system, but there is that one guy who owns the patent, trademark, and copyright for something like Square, Window, or even Pod, his family is SET for Universal existence.


     


    They'll just keep raking in enough money from the word POD, to one day own a planet


     


    It's amazing what thinking of one unique word and trademarking it will get you now days, especially a word YOU DIDN"T even CREATE doh


     


    That's why I just stay as quiet as possible and believe in UNIVERSAL LAW as much as possible.


     


    Good Luck Boys...

  • Reply 32 of 32
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by 1984 View Post

    All I know is I'm tired of reading about lawsuits every day.


     


    So stop reading about them.


     


    "Doctor, my arm hurst when I do this!" 


    "So don't do that."





    Originally Posted by nagromme View Post

    Apple? I've been wanting a piece of them for years!




     


    Who told you to put the pods in? I didn't tell you to put the pods in. 

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