Update on Apple vs. Thought Out dispute | iLounge News

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Update on Apple vs. Thought Out dispute

Thought Out’s Mike Talmadge provided iLounge with an update regarding the ongoing trademark dispute with Apple over the use of his company’s iPed name.

“We understand Apple’s request in protecting their trademark of the ‘iPod’ name, but we feel we are being singled out,” Talmadge said. “We pointed out to Apple that many other companies use the iPod/Pod name and variations of it in their products such as i_od or Pod this or that. We have been told by Apple as excepted, (in so many words) that this is not of your concern, and that Apple is, has, will be addressing them too.”

“We have been making every effort to come to terms with Apple in regards to the iPed name with out any major legal battle,” Talmadge said. “Apple and Thought Out plan to meet in the near future to discuss further actions for our iPed name.”

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Comments

1

RRRRRR!  Apple SMASH!  Kill Pod names!  Apple no like people make money with name sound like iPod!  Other Pod names?  NO YOUR CONCERN!  Apple OWN vowel-consonant-vowel-consonant letter pattern!  RRRRRR!

Posted by PushButtonAction in Atlanta, GA on June 14, 2005 at 2:18 PM (CDT)

2

“We pointed out to Apple that many other companies use the iPod/Pod name and variations of it in their products such as i_od or Pod this or that.”

Is it just me or does this sound a little childish.  Just drop the product name, you don’t have to go and cause trouble for other companies, who for whatever reason have not been targetted by Apple already.  iNarc.

Posted by krispylover on June 14, 2005 at 2:20 PM (CDT)

3

iPed looks like iPod from 15 feet away. That’s the only issue here.

Posted by minty on June 14, 2005 at 2:49 PM (CDT)

4

“Is it just me or does this sound a little childish.”

No, it’s actually a legal defense.  Apple cannot single out ONE trademark infringer, they must prosecute ALL infringers or they will lose any court case they bring.

Apple knows this, and they also know they can afford to drag this out and Thought Out can’t.

Just another case of Apple bullying the people who love them the most.

Posted by stark23x on June 14, 2005 at 5:43 PM (CDT)

5

“Apple cannot single out ONE trademark infringer, they must prosecute ALL infringers or they will lose any court case they bring.”

Apple can sue whoever they want to - whenever they want to.

This would not be a singled out case - due to the fact apple has prosecuted similarly in the past.

Read this and tell me if Apple doesn’t have the right, responsibility, or legal standing with ANYONE who decides to release Apple associated products or services:

http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html

Posted by Rus on June 14, 2005 at 9:47 PM (CDT)

6

You know, I was about to bring my all-new high-tech sledgehammer to market…man, and I thought that idea of the PR guy had for the TV ads was great: take a few items people are getting tired of or are WAY overexposed to (an old worn-out TV set, a Windows PC, and…oh, maybe an iPod…), and show the world just how effective our new baby of a pulverizer really is. 

But after reading Apple’s legal diatribe, and the barely veiled threats bubbling just underneath, I think the PR guy is going to be so upset that we’ll have to find an alternative to, um, “disabling” the iPod just to keep the lawyers out of it.  And our iSmasher does SUCH A GOOD JOB at it, too.

The PR guy’s going to be SO despondent…

Posted by flatline response on June 15, 2005 at 6:39 AM (CDT)

7

Was just dinking around on the US Trademark Office site…I didn’t realize that Apple isn’t even the FIRST to file for a trademark on the world ‘IPOD’.  That distinction belongs to some guy who filed a year before Apple did, and had been using the word two years before he even filed (something about computer kiosk stores called ‘Ipods’). From what I could tell, the US Patent/Trademark office makes no distinction between lower and upper case letters in either filings.

Moreover, Apple DOESN’T OWN the trademark to the word ‘IPED’.  That belongs to some medical company that makes a spinal implant by that name.  Another company filed for the actual ‘iPED’ word (guess what…they make pedometers).  So how can Apple sue when they iPED and IPED have already been trademarked by others?  Unless Thought Out uses the Apple logo on their products, all Apple is doing is throwing their lawyers at a place that legally they may not have any right to be at to begin with.

Posted by flatline response on June 15, 2005 at 7:02 AM (CDT)

8

Well, if Apple keeps this up, I can only hope that Apple Records wins their lawsuit against Apple Computers, who promised once upon a time to stay out of the music business, and of course we all know how Apple Computer kept their word on that one!

Posted by zyzyzyzyzyzyx on June 15, 2005 at 9:23 AM (CDT)

9

I think this hole thing is F*C*ING dumb flatline now I want a iSmasher. Gota love the name. If someone ever makes one i will be first in line. :)

Posted by Jeem1231 on June 15, 2005 at 9:31 AM (CDT)

10

Who owns the trade name iMic?

Posted by thoughtout.biz on June 15, 2005 at 1:45 PM (CDT)

11

Great information for us users. Keep up.

Posted by Mortgage Loan on March 17, 2006 at 6:44 AM (CST)

12

Very nice blog. I read it every day.

Posted by John on August 21, 2006 at 10:25 AM (CDT)

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