For crying out loud Apple, don't be such a bully on something that doesn't sound or look like an iPod. I'm as big an Apple fan as anyone else, but really, this is taking things too far. America just loves to sue the backside off anyone, about time common sense took over in the courts.
Sure, sue when there is a legitimate case, but this is too petty and too strongarm.
For crying out loud Apple, don't be such a bully on something that doesn't sound or look like an iPod. I'm as big an Apple fan as anyone else, but really, this is taking things too far. America just loves to sue the backside off anyone, about time common sense took over in the courts.
Sure, sue when there is a legitimate case, but this is too petty and too strongarm.
You do realize it's not Apple filing the lawsuit?
"A Delaware company specializing in air purification is suing Apple Inc.".
"A Delaware company specializing in air purification is suing Apple Inc.".
Only because "BlueAir Inc. alleges that counsel for Apple have been making a big stink since last summer over its request for a trademark on term airPOD."
If Apple & Apple legal kept their big mouths shut, I would have never heard of airPOD or what it looks like or what it does. Out of all the third party stores like the ex-CompUSA, Costco, Target, et. al, I have never seen an airPOD anywhere within same said stores nor was I looking for one.
Thank you Apple, I now know there is a desktop air purification system called the airPOD and you have given it more visibility then BlueAir Inc. could have ever hoped to achieve. I have no further interest in airPOD's and am moving on. Apple, so should you.\
Apple is claiming to have legal TM rights over the term "Pod", meaning that any time any one wants to use "pod" in a product name Apple is going to throw a hissy fit and sue.
I disagree.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
Quote:
Originally Posted by BlueAir's attorneys
Indeed Apple has not opposed federal registrations or impending federal registrations of AIRPOD marks for air fresheners, carrying cases, and industrial air filters, nor has it, on information and belief, sought to stop the hundreds of other uses of AIRPOD and AIR POD marks for other products such as 'air time' recorders for snowboarders, and the like, findable in any Internet search for those terms.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
That's true. However, Apple needs to prove that this product legally infringes upon any TM's Apple has filed regarding the iPod name and whether the product in question infringes upon the marketplace Apple is currently competing. I do not see how a fan will eat at any iPod profits (and I further do not see how this product will take any profits away from Apple as Apple, Inc. does not manufacture fans).
Further, I am baffled that people claim this product looks like an iPod because "the fan blade resembles an iPod click wheel". Ok, so using that reasoning are products that manufacture wheels that resemble the iPod click wheel and use the three letters "pod" in their brand name at risk for suit from Apple? Where does it end? I swear by Apple products, but I do not give any company a pass as much as Apple fans have been giving Apple. If this had been a Microsoft issue I'm certain the above comments would be MUCH different. I do not approve of any company strong arming the industry, and over the past few years I have seen Apple strong arm the industry a few times and I do not like it. Using legal tactics to dominate the market makes for a monopoly, and like any monopoly competition is stifled. Look at Wal-Mart (a loooong off topic discussion that I will reference quickly). It is well known that they use bullying to force companies such as Rubbermaid to manufacture their products in industrial nations such as China. Rubbermaid refused, stating they employ thousands of American's by keeping plants in the US. Wal-mart responded by pulling all their products from its shelves, costing Rubbermaid about 50-60% of its sales. Rubbermaid gave in, shutting their plants down in the US, and Wal-mart responded by opening stores in the EXACT same building as the Rubbermaid plants were. They bullied them out of the US, and took over where Rubbermaid USED to be, thus plowing down the playing field in many small cities in the US and ensuring a labor force for Wal-mart. It's these kinds of practices that make me sick, and while Apple is not Wal-mart, I still do not like where Apple, Inc. has been taking the company. Big business has killed small, private business, the environment and is part of the reason the middle class is deteriorating by using legal threats and suits to strong arm the industry, and in the end we all suffer from its consequences.
These law-suits are frivolous and unnecessary, but this company would not have to take legal action had Apple not sent out its legal team to harass them. It seems Apple has been harassing this company for quite a while, claiming the use of "Pod" is a violation of TM agreements with Apple, yet they have not trademarked "Pod". Further, if Apple did have grounds why wasn't a legal suit filed? It seems as though Apple has been using their name and expensive legal team to threaten this company, in hopes they would give in or face huge legal fees. I'm glad they didn't, maybe it will wake Apple out of its state of grandiosity as they certainly seem to be getting full of themselves.
In the end, I am typing this on my shiny aluminum keyboard, ACD and Mac Pro lol, and as long as Apple continues to make superior products I will forever be using a Mac. However, not at the expense of small business and not with these "Microsoft"-esque tactics. Shame on Apple.
Quote:
Originally Posted by Rot'nApple
Only because "BlueAir Inc. alleges that counsel for Apple have been making a big stink since last summer over its request for a trademark on term airPOD."
If Apple & Apple legal kept their big mouths shut, I would have never heard of airPOD or what it looks like or what it does. Out of all the third party stores like the ex-CompUSA, Costco, Target, et. al, I have never seen an airPOD anywhere within same said stores nor was I looking for one.
Thank you Apple, I now know there is a desktop air purification system called the airPOD and you have given it more visibility then BlueAir Inc. could have ever hoped to achieve. I have no further interest in airPOD's and am moving on. Apple, so should you.\
Exactly, and in the end, it only gives BlueAir, Inc. more press and recognition. This will only bite Apple in the, well, Apple lol.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
Clearly this company is trying to benefit from the iPod name: I don't think anyone's disputing that. But, does that make them civilly liable? Clearly not, or else Apple would've sued BlueAir (instead of vice versa). Instead, Apple has been trying to strong arm them. There is nothing wrong with benefitting from another company's name in an entirely different industry that will in no way affect apple.
That's true. However, Apple needs to prove that this product legally infringes upon any TM's Apple has filed regarding the iPod name and whether the product in question infringes upon the marketplace Apple is currently competing. I do not see how a fan will eat at any iPod profits (and I further do not see how this product will take any profits away from Apple as Apple, Inc. does not manufacture fans).
Further, I am baffled that people claim this product looks like an iPod because "the fan blade resembles an iPod click wheel". Ok, so using that reasoning are products that manufacture wheels that resemble the iPod click wheel and use the three letters "pod" in their brand name at risk for suit from Apple? Where does it end? I swear by Apple products, but I do not give any company a pass as much as Apple fans have been giving Apple. If this had been a Microsoft issue I'm certain the above comments would be MUCH different. I do not approve of any company strong arming the industry, and over the past few years I have seen Apple strong arm the industry a few times and I do not like it. Using legal tactics to dominate the market makes for a monopoly, and like any monopoly competition is stifled. Look at Wal-Mart (a loooong off topic discussion that I will reference quickly). It is well known that they use bullying to force companies such as Rubbermaid to manufacture their products in industrial nations such as China. Rubbermaid refused, stating they employ thousands of American's by keeping plants in the US. Wal-mart responded by pulling all their products from its shelves, costing Rubbermaid about 50-60% of its sales. Rubbermaid gave in, shutting their plants down in the US, and Wal-mart responded by opening stores in the EXACT same building as the Rubbermaid plants were. They bullied them out of the US, and took over where Rubbermaid USED to be, thus plowing down the playing field in many small cities in the US and ensuring a labor force for Wal-mart. It's these kinds of practices that make me sick, and while Apple is not Wal-mart, I still do not like where Apple, Inc. has been taking the company. Big business has killed small, private business, the environment and is part of the reason the middle class is deteriorating by using legal threats and suits to strong arm the industry, and in the end we all suffer from its consequences.
These law-suits are frivolous and unnecessary, but this company would not have to take legal action had Apple not sent out its legal team to harass them. It seems Apple has been harassing this company for quite a while, claiming the use of "Pod" is a violation of TM agreements with Apple, yet they have not trademarked "Pod". Further, if Apple did have grounds why wasn't a legal suit filed? It seems as though Apple has been using their name and expensive legal team to threaten this company, in hopes they would give in or face huge legal fees. I'm glad they didn't, maybe it will wake Apple out of its state of grandiosity as they certainly seem to be getting full of themselves.
In the end, I am typing this on my shiny aluminum keyboard, ACD and Mac Pro lol, and as long as Apple continues to make superior products I will forever be using a Mac. However, not at the expense of small business and not with these "Microsoft"-esque tactics. Shame on Apple.
Exactly, and in the end, it only gives BlueAir, Inc. more press and recognition. This will only bite Apple in the, well, Apple lol.
Thank you. I agree. Apple makes great products. But they seem to be losing sight of being a great company by their quest for world domination and greed.
lawyers are smart people who know how to justify their 6 digit incomes. they are great in inventing problems (where there actually are none) which they then offer to solve.
somebody has to reign in the apple goons as they are sometimes totally out of control. as now with this ridiculous case.
-1 : Lame accusation. I mean, is that really necessary? Would you like to be called to the mat as being paid by Apple? Argue the merits or demerits of the argument, don't go accusing people as being shills unless you have some hard proof.
What many of you don't realize is that Apple is obligated to protect it's trademark, by law it has to, if they let this one slip by then they cannot defend the next one that comes by.
What many of you don't realize is that Apple is obligated to protect it's trademark, by law it has to, if they let this one slip by then they cannot defend the next one that comes by.
Read my posts. What you don't understand is the fact that Apple does not have "Pod" or any variation thereof TM'd. If that were true, Apple would have filed suit instead of harassing this company, which only resulted in the company filing suit against Apple, Inc.
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
And my guess is that the court will deny their request and tell them they must go through the standard registration process, which includes the risk of having someone object to your registration application.
I just got some random deep thoughts on this... this has just got to be true. It's too perfect:
Apple is suing first to get this company say publicly "no no no we don't see our products as being confusing to the public... no we swear!"
Apple says "You swear? Promise? Super double-secret promise?!"
Company: " really, never!"
Apple says " oh good, cause we're coming out with a new product, and we're going to call it an Air Pod"
and because they just made a public stink and slew of statements ( and will probably settle out of court with an agreement ) they will not be able to pursue Apple.
Amazing. If apple had brought out an AirPod themselves, this company would fight them tooth and nail to prove that it *is* infringing.
[QUOTE=mike99;1206715]> A Delaware company ...is suing Apple...
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
Apple has been harassing Blue Air, Inc. over TM rights. Apple never filed a suit. Blue Air is suing Apple, Inc. for unlawful litigation and harassment. Apple has NOT TM'd "Pod" or anything LIKE it. Blue Air is making a product "Airpod", which happens to be a FAN, not a music device, for your work area. If Apple has any legal right they would have filed suit with Blue Air instead of simply strong arming the company as "Pod" or any variation thereof is NOT TM'd. Blue Air has the legal right to use their product as they see fit for the reasons I mentioned in this thread. In this instance, I have to agree that Apple, Inc. is NOT justified in their treatment of this matter.
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple’s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
There's at least one problem for your suggestion: AirPod was introduced before the MBAir was. I understand why it vaguely looks like a click wheel, but I think the fan looks more like a speaker cone with fancy trim.
I think it's kind of a gray area, it's a good idea to get this cleared up like they're trying to do.
Comments
Sure, sue when there is a legitimate case, but this is too petty and too strongarm.
For crying out loud Apple, don't be such a bully on something that doesn't sound or look like an iPod. I'm as big an Apple fan as anyone else, but really, this is taking things too far. America just loves to sue the backside off anyone, about time common sense took over in the courts.
Sure, sue when there is a legitimate case, but this is too petty and too strongarm.
You do realize it's not Apple filing the lawsuit?
"A Delaware company specializing in air purification is suing Apple Inc.".
You do realize it's not Apple filing the lawsuit?
"A Delaware company specializing in air purification is suing Apple Inc.".
Only because "BlueAir Inc. alleges that counsel for Apple have been making a big stink since last summer over its request for a trademark on term airPOD."
If Apple & Apple legal kept their big mouths shut, I would have never heard of airPOD or what it looks like or what it does. Out of all the third party stores like the ex-CompUSA, Costco, Target, et. al, I have never seen an airPOD anywhere within same said stores nor was I looking for one.
Thank you Apple, I now know there is a desktop air purification system called the airPOD and you have given it more visibility then BlueAir Inc. could have ever hoped to achieve. I have no further interest in airPOD's and am moving on. Apple, so should you.
Apple is claiming to have legal TM rights over the term "Pod", meaning that any time any one wants to use "pod" in a product name Apple is going to throw a hissy fit and sue.
I disagree.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
Indeed Apple has not opposed federal registrations or impending federal registrations of AIRPOD marks for air fresheners, carrying cases, and industrial air filters, nor has it, on information and belief, sought to stop the hundreds of other uses of AIRPOD and AIR POD marks for other products such as 'air time' recorders for snowboarders, and the like, findable in any Internet search for those terms.
I disagree.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
That's true. However, Apple needs to prove that this product legally infringes upon any TM's Apple has filed regarding the iPod name and whether the product in question infringes upon the marketplace Apple is currently competing. I do not see how a fan will eat at any iPod profits (and I further do not see how this product will take any profits away from Apple as Apple, Inc. does not manufacture fans).
Further, I am baffled that people claim this product looks like an iPod because "the fan blade resembles an iPod click wheel". Ok, so using that reasoning are products that manufacture wheels that resemble the iPod click wheel and use the three letters "pod" in their brand name at risk for suit from Apple? Where does it end? I swear by Apple products, but I do not give any company a pass as much as Apple fans have been giving Apple. If this had been a Microsoft issue I'm certain the above comments would be MUCH different. I do not approve of any company strong arming the industry, and over the past few years I have seen Apple strong arm the industry a few times and I do not like it. Using legal tactics to dominate the market makes for a monopoly, and like any monopoly competition is stifled. Look at Wal-Mart (a loooong off topic discussion that I will reference quickly). It is well known that they use bullying to force companies such as Rubbermaid to manufacture their products in industrial nations such as China. Rubbermaid refused, stating they employ thousands of American's by keeping plants in the US. Wal-mart responded by pulling all their products from its shelves, costing Rubbermaid about 50-60% of its sales. Rubbermaid gave in, shutting their plants down in the US, and Wal-mart responded by opening stores in the EXACT same building as the Rubbermaid plants were. They bullied them out of the US, and took over where Rubbermaid USED to be, thus plowing down the playing field in many small cities in the US and ensuring a labor force for Wal-mart. It's these kinds of practices that make me sick, and while Apple is not Wal-mart, I still do not like where Apple, Inc. has been taking the company. Big business has killed small, private business, the environment and is part of the reason the middle class is deteriorating by using legal threats and suits to strong arm the industry, and in the end we all suffer from its consequences.
These law-suits are frivolous and unnecessary, but this company would not have to take legal action had Apple not sent out its legal team to harass them. It seems Apple has been harassing this company for quite a while, claiming the use of "Pod" is a violation of TM agreements with Apple, yet they have not trademarked "Pod". Further, if Apple did have grounds why wasn't a legal suit filed? It seems as though Apple has been using their name and expensive legal team to threaten this company, in hopes they would give in or face huge legal fees. I'm glad they didn't, maybe it will wake Apple out of its state of grandiosity as they certainly seem to be getting full of themselves.
In the end, I am typing this on my shiny aluminum keyboard, ACD and Mac Pro lol, and as long as Apple continues to make superior products I will forever be using a Mac. However, not at the expense of small business and not with these "Microsoft"-esque tactics. Shame on Apple.
Only because "BlueAir Inc. alleges that counsel for Apple have been making a big stink since last summer over its request for a trademark on term airPOD."
If Apple & Apple legal kept their big mouths shut, I would have never heard of airPOD or what it looks like or what it does. Out of all the third party stores like the ex-CompUSA, Costco, Target, et. al, I have never seen an airPOD anywhere within same said stores nor was I looking for one.
Thank you Apple, I now know there is a desktop air purification system called the airPOD and you have given it more visibility then BlueAir Inc. could have ever hoped to achieve. I have no further interest in airPOD's and am moving on. Apple, so should you.
Exactly, and in the end, it only gives BlueAir, Inc. more press and recognition. This will only bite Apple in the, well, Apple lol.
I disagree.
First, there a hundreds of products that use the word "Pod" in the name and Apple has not sent their lawyers after them. Second and more to the point, there are other products actually named airpod and Apple has not sent their lawyers after them. BlueAir's lawyers make Apple's argument and lack of trademark abuse even more clear with their statement below, it's not just the name - it's the name and the "iPod" look of the product combined. To think that BlueAir is not trying to benefit off the iPod popularity by using a similar name and look is absurd. In Apple's opinion there is clearly something there to defend...
Clearly this company is trying to benefit from the iPod name: I don't think anyone's disputing that. But, does that make them civilly liable? Clearly not, or else Apple would've sued BlueAir (instead of vice versa). Instead, Apple has been trying to strong arm them. There is nothing wrong with benefitting from another company's name in an entirely different industry that will in no way affect apple.
That's true. However, Apple needs to prove that this product legally infringes upon any TM's Apple has filed regarding the iPod name and whether the product in question infringes upon the marketplace Apple is currently competing. I do not see how a fan will eat at any iPod profits (and I further do not see how this product will take any profits away from Apple as Apple, Inc. does not manufacture fans).
Further, I am baffled that people claim this product looks like an iPod because "the fan blade resembles an iPod click wheel". Ok, so using that reasoning are products that manufacture wheels that resemble the iPod click wheel and use the three letters "pod" in their brand name at risk for suit from Apple? Where does it end? I swear by Apple products, but I do not give any company a pass as much as Apple fans have been giving Apple. If this had been a Microsoft issue I'm certain the above comments would be MUCH different. I do not approve of any company strong arming the industry, and over the past few years I have seen Apple strong arm the industry a few times and I do not like it. Using legal tactics to dominate the market makes for a monopoly, and like any monopoly competition is stifled. Look at Wal-Mart (a loooong off topic discussion that I will reference quickly). It is well known that they use bullying to force companies such as Rubbermaid to manufacture their products in industrial nations such as China. Rubbermaid refused, stating they employ thousands of American's by keeping plants in the US. Wal-mart responded by pulling all their products from its shelves, costing Rubbermaid about 50-60% of its sales. Rubbermaid gave in, shutting their plants down in the US, and Wal-mart responded by opening stores in the EXACT same building as the Rubbermaid plants were. They bullied them out of the US, and took over where Rubbermaid USED to be, thus plowing down the playing field in many small cities in the US and ensuring a labor force for Wal-mart. It's these kinds of practices that make me sick, and while Apple is not Wal-mart, I still do not like where Apple, Inc. has been taking the company. Big business has killed small, private business, the environment and is part of the reason the middle class is deteriorating by using legal threats and suits to strong arm the industry, and in the end we all suffer from its consequences.
These law-suits are frivolous and unnecessary, but this company would not have to take legal action had Apple not sent out its legal team to harass them. It seems Apple has been harassing this company for quite a while, claiming the use of "Pod" is a violation of TM agreements with Apple, yet they have not trademarked "Pod". Further, if Apple did have grounds why wasn't a legal suit filed? It seems as though Apple has been using their name and expensive legal team to threaten this company, in hopes they would give in or face huge legal fees. I'm glad they didn't, maybe it will wake Apple out of its state of grandiosity as they certainly seem to be getting full of themselves.
In the end, I am typing this on my shiny aluminum keyboard, ACD and Mac Pro lol, and as long as Apple continues to make superior products I will forever be using a Mac. However, not at the expense of small business and not with these "Microsoft"-esque tactics. Shame on Apple.
Exactly, and in the end, it only gives BlueAir, Inc. more press and recognition. This will only bite Apple in the, well, Apple lol.
Thank you. I agree. Apple makes great products. But they seem to be losing sight of being a great company by their quest for world domination and greed.
somebody has to reign in the apple goons as they are sometimes totally out of control. as now with this ridiculous case.
You work for them, right?
-1 : Lame accusation. I mean, is that really necessary? Would you like to be called to the mat as being paid by Apple? Argue the merits or demerits of the argument, don't go accusing people as being shills unless you have some hard proof.
What many of you don't realize is that Apple is obligated to protect it's trademark, by law it has to, if they let this one slip by then they cannot defend the next one that comes by.
Read my posts. What you don't understand is the fact that Apple does not have "Pod" or any variation thereof TM'd. If that were true, Apple would have filed suit instead of harassing this company, which only resulted in the company filing suit against Apple, Inc.
Between Apple and the air filtration firm, who sucks the most ?
No I think the question is, who "blows" the most?
No the question is who "BLOWS" the most?
LMAO That's awesome
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
And my guess is that the court will deny their request and tell them they must go through the standard registration process, which includes the risk of having someone object to your registration application.
Apple is suing first to get this company say publicly "no no no we don't see our products as being confusing to the public... no we swear!"
Apple says "You swear? Promise? Super double-secret promise?!"
Company: " really, never!"
Apple says " oh good, cause we're coming out with a new product, and we're going to call it an Air Pod"
and because they just made a public stink and slew of statements ( and will probably settle out of court with an agreement ) they will not be able to pursue Apple.
Amazing. If apple had brought out an AirPod themselves, this company would fight them tooth and nail to prove that it *is* infringing.
Amazingly clever, Apple.
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
> A Delaware company ...is suing Apple...
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple?s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
Apple has been harassing Blue Air, Inc. over TM rights. Apple never filed a suit. Blue Air is suing Apple, Inc. for unlawful litigation and harassment. Apple has NOT TM'd "Pod" or anything LIKE it. Blue Air is making a product "Airpod", which happens to be a FAN, not a music device, for your work area. If Apple has any legal right they would have filed suit with Blue Air instead of simply strong arming the company as "Pod" or any variation thereof is NOT TM'd. Blue Air has the legal right to use their product as they see fit for the reasons I mentioned in this thread. In this instance, I have to agree that Apple, Inc. is NOT justified in their treatment of this matter.
> A Delaware company ...is suing Apple...
> by [asking court to declare] that its airPOD mark
> is not confusingly similar to Apple’s mark
Hmmm... Based on what I've read, they aren't actually suing Apple (they aren't asking for financial damages, etc.). They are just asking the court declare that they aren't violating Apple's trademark rights, thus assuring them ahead of time that Apple won't be able to dispute their trademark registration.
POd as in iPod
Air as in Macbook Air
Click wheel look... Rip off
I'd say they want to cash in on the ubiquity of Apple products and are just using the old "best defense is offense" tactics...
There's at least one problem for your suggestion: AirPod was introduced before the MBAir was. I understand why it vaguely looks like a click wheel, but I think the fan looks more like a speaker cone with fancy trim.
I think it's kind of a gray area, it's a good idea to get this cleared up like they're trying to do.