Apple Issues C&D To Maker of Podium

[chris]

Just received a press release from Pivotal, the company which manufactures Podium (http://www.podiumrevolution.com). First I had ever seen of the product. Pricey, but very cool.


Pivotal, producer of Podium, (http://www.podiumrevolution.com) the leading desktop stand for iPhone, announced today that it has received a Cease-and-Desist Letter from Apple Inc. regarding use of the name PODIUM with Pivotal's stand. Legal counsel for Apple Inc. claims that such use infringes Apple’s trademark rights, stating that the “POD” component in the name of Pivotal’s PODIUM stand is a direct reference to the IPOD and Apple's pending POD trademark registrations.

“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” states Scott Baumann, President of Pivotal. Mr. Baumann continues, “We were certainly surprised by the allegations and will be consulting with our legal counsel regarding this matter”.

[patrickj]

Just ... ridiculous ...

[Bitewound]

http://smileys.on-my-web.com/repository/Laughing/lol-049.gif

[connie]

All I can say is....OMG Apple work on getting your update out instead of petty bs!

[monkeysrock0622]

Thats ridiculous. Like they dont already have enough attention from the 3.0 announcement, they have to go and give stupid cease and desist orders

[Napoleon_PhoneApart]

That's just infantile, what Apple is doing.

[dturner]

Fail........

[psylichon]

Fail miserably.

[chris]

In a related story, the makers of Immodium have also sent a C&D to the Podium manufacturer.

"The makers of Podium share the same odium as Immodium. It could cause confusion in the marketplace."

http://ceoblog.tamar.com/images/2008/11/01/immodium.jpg

[Bitewound]

http://smileys.on-my-web.com/repository/Laughing/laughing-006.gif

[Napoleon_PhoneApart]

I'm beginning to feel odium toward this entire thread...:smile:

[up10ad]

Apple is not the company it once was.

[doron]

come on man...are you serious?!...wow!...no way!

[doron]

In a related story, the makers of Immodium have also sent a C&D to the Podium manufacturer.

"The makers of Podium share the same odium as Immodium. It could cause confusion in the marketplace."

http://ceoblog.tamar.com/images/2008/11/01/immodium.jpg

uh chris, if people in the marketplace cant defrintiate between a drug and an iPod accessory...oh my god! dip me hyssop ...please! yet i understand your point, but people need to have common sense...i remember my Grandmother telling me once when i thought i was way too spiritual, "...boy God gave you a MIND..." ...meaning think! use some commsense...

[up10ad]

Actually, trademarks are registered in groups, and while the Podium and the iPod are in the same group, imodium would be in a different group and not infringe even if its name was very similar.

[Napoleon_PhoneApart]

Aw, crap. Apple just hit me with a cease and desist order for using the word "odium."

Will this madness never end?

http://i172.photobucket.com/albums/w20/Gathomblipoob/Madness2.jpg

[aggieman]

as much as I like Apple's products (I will never give up my iPhone or MacBook), I cannot stand them as a company. I hate knowing I support them by buying their products.

[Napoleon_PhoneApart]

as much as I like Apple's products (I will never give up my iPhone or MacBook), I cannot stand them as a company. I hate knowing I support them by buying their products.

I'm sure they love you too...:laugh2:

[aggieman]

I'm sure they love you too...:laugh2:

yeah, just like every woman I've ever dated. They just love me for my money :tounge:

[up10ad]

Back when Guy Kawasaki had a big influence in the company I admired them. I even studied Apple's ways in order to better position my PC software company. They have now given over to the lawyers and there doesn't seem to be anyone acting as a check/balance. Too bad.

[Londonrockz568]

Whats next? Apple issues C & D to Miriam Webster because the name Apple, and podium are in their dictionaries.

The lawsuit will be thrown out, this is petty and the ONLY correlation between the Podium stand and Apple inc is that the stand is an Apple device accessory.

[chris]

Back when Guy Kawasaki had a big influence in the company I admired them. I even studied Apple's ways in order to better position my PC software company. They have now given over to the lawyers and there doesn't seem to be anyone acting as a check/balance. Too bad.
IMHO, this directive starts and ends at the top.

[chris]

IMHO, this directive starts and ends at the top.


Or should I say "starts"....

[aggieman]

this kinda reminds me of Monster (the electronic accessories company, not the drink) suing everything with the name Monster.

[Hawk]

Next thing you know, Apple will start issuing C&D orders for everything with "i" in front of it. Damn, I won't be able to use the word "it" anymore.
It's understandable to protect your piece of the market and your trademark, but the word Podium? the only reason that Apple might be doing this is if they actually have a product that they want to call Podium in the works.

[up10ad]

They seem to have forgotten one of the key elements of an infringement: that use would likely cause confusion of identity in the marketplace.

[doron]

as much as I like Apple's products (I will never give up my iPhone or MacBook), I cannot stand them as a company. I hate knowing I support them by buying their products.

i like the products as well, but when the company becomes controlled by a bunch of a bunch of bullies and tyrants, that's when the marketplace becomes nothing more than an unlikable scene...


Back when Guy Kawasaki had a big influence in the company I admired them. I even studied Apple's ways in order to better position my PC software company. They have now given over to the lawyers and there doesn't seem to be anyone acting as a check/balance. Too bad.

...and if they have no heart for the people, they basically will find themselves in a sore place if they don't learn to have compassion and fairness...man let it go man...

[doron]

Whats next? Apple issues C & D to Miriam Webster because the name Apple, and podium are in their dictionaries.

The lawsuit will be thrown out, this is petty and the ONLY correlation between the Podium stand and Apple inc is that the stand is an Apple device accessory.

let's hope so money...let's hope so...it makes no sense for Apple to issue such a case...a case against a company that in essecne is promoting their initial product...OR--OR! is Apple hatin' because THEY didn't come up with the concept...my god please! "...instead of trying to beat 'em, join 'em" DAG!


Next thing you know, Apple will start issuing C&D orders for everything with "i" in front of it. Damn, I won't be able to use the word "it" anymore.
It's understandable to protect your piece of the market and your trademark, but the word Podium? the only reason that Apple might be doing this is if they actually have a product that they want to call Podium in the works.

ummmm great point Hawk...great point...same thing happen with myTunes...it seems as if Apple don't want any replicas of their products on the market...i wouldn't doubt if Apple isn't gettn 'broke off' from all the other companies that developed touch screen cell phones...




They seem to have forgotten one of the key elements of an infringement: that use would likely cause confusion of identity in the marketplace.


exactly...people, if not careful, get high up in position and forget to stay "grounded"

[dcom]

Goes right along with those little dialogs they demoed at the 3.0 event yesterday. Soon, the maker of Podium will get a little notice popping up on his iPhone:

"You have received a Cease & Desist letter. Would you like to obey it or pay $99999.99?"

[up10ad]

For gawd sake, iPod is pronounced (phttp://img.tfd.com/hm/GIF/obreve.gifd) and podium is pronounced (phttp://img.tfd.com/hm/GIF/omacr.gifhttp://img.tfd.com/hm/GIF/prime.gifdhttp://img.tfd.com/hm/GIF/emacr.gif-http://img.tfd.com/hm/GIF/schwa.gifm) with a long O. We don't say pawdium.

[Napoleon_PhoneApart]

For gawd sake, iPod is pronounced (phttp://img.tfd.com/hm/GIF/obreve.gifd) and podium is pronounced (phttp://img.tfd.com/hm/GIF/omacr.gifhttp://img.tfd.com/hm/GIF/prime.gifdhttp://img.tfd.com/hm/GIF/emacr.gif-http://img.tfd.com/hm/GIF/schwa.gifm) with a long O. We don't say pawdium.

You're a picky little pecker, ain'tcha? :laugh2:

[doron]

For gawd sake, iPod is pronounced (phttp://img.tfd.com/hm/GIF/obreve.gifd) and podium is pronounced (phttp://img.tfd.com/hm/GIF/omacr.gifhttp://img.tfd.com/hm/GIF/prime.gifdhttp://img.tfd.com/hm/GIF/emacr.gif-http://img.tfd.com/hm/GIF/schwa.gifm) with a long O. We don't say pawdium.

you sir have just closed the case...excellent post...

[chris]

For gawd sake, iPod is pronounced (phttp://img.tfd.com/hm/GIF/obreve.gifd) and podium is pronounced (phttp://img.tfd.com/hm/GIF/omacr.gifhttp://img.tfd.com/hm/GIF/prime.gifdhttp://img.tfd.com/hm/GIF/emacr.gif-http://img.tfd.com/hm/GIF/schwa.gifm) with a long O. We don't say pawdium.


And gawd is pronounced god.:tounge:

[doron]

You're a picky little pecker, ain'tcha? :laugh2:

no, just accurate...

[doron]

And gawd is pronounced god.:tounge:

so chris, the question now is, how are they pronouncing it?

[dcom]

The whole matter is what happens when lawyers have nothing better to do but are kept on retainer.

[Youngbinks]

Apple really is getting ridiculous with the C&D letters. The public relations at Apple obviously has a difficult time understanding what is important and what isn't.

[ZR_Yancy]

I wonder if they will send a letter to PODS(Portable On Demand Storage).

[danipoak]

I hope this gets taken to a judge that reams people for stupidity like Judge Judy.

[dturner]

Are podiatrist next?

[Londonrockz568]

Apple is stupid for the whole C&D.

its "POE-D-UM" Not "PAWD-I-UM as in Pod"

The case will be thrown out. Apple sometimes can be very petty. But as many people know. Once a nerd gets something they try to keep it all to themselves.

Christ.... now there legal battles of words, no wonder the worlds economy is in the crapper with all this money and time we waste.

[coasts]

ask yourselves this:

if Pivotal marketed this device to Zune owners, would they have named it Podium?

i don't think so.

[Hawk]

ask yourselves this:

if Pivotal marketed this device to Zune owners, would they have named it Podium?

i don't think so.
Why Not? That's it's initial shape isn't it? a podium?

[coasts]

yeah, but its clever because it's a podium for an iPod. It's a stand, but they wouldn't call it Stand. There's no ring to it. There's no inside joke.

Apple has consistently tried to prevent 3rd party accessory manufacturers from using the term POD in their marketing.

It's foolish to think that Apple would be more productive in developing software if their legal dept. weren't so occupied with these petty C&D attempts. these are clearly separate functions of a large corporation, who, make no mistake, does not love you. they love your money. they are a corporation.

[doron]

yeah, but its clever because it's a podium for an iPod. It's a stand, but they wouldn't call it Stand. There's no ring to it. There's no inside joke.

Apple has consistently tried to prevent 3rd party accessory manufacturers from using the term POD in their marketing.

It's foolish to think that Apple would be more productive in developing software if their legal dept. weren't so occupied with these petty C&D attempts. these are clearly separate functions of a large corporation, who, make no mistake, does not love you. they love your money. they are a corporation.

excellent point!

[dturner]

Will this be Apples next lawsuit? (http://jalopnik.com/343003/the-2500-tata-nano-unveiled-in-india)

[isal]

That's the stupidest thing I've heard in a very long time!

[doron]

That's the stupidest thing I've heard in a very long time!

you think that's stupid, you need to chk out the other post i put up about what the Apple Lawyers did this time..oh boy!

[Hawk]

Someone at Apple Inc is trying to justify their job.

[chris]

Perhaps they are auditioning for this series (http://dsc.discovery.com/convergence/sharkweek/sharkweek.html)?:tounge:

[Leo Renard]

Hey, they're starting to get as bad as Nexon with the C&D letters.