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Apple 'pod' trademark dispute in Japan

updated 05:55 pm EST, Thu November 9, 2006

gPod trademark dispute


A small Japanese firm is facing potential legal action from Apple in response to the controversial naming of one of its products, according to a report today by Mainichi Daily News. Osaka-based businessman Ichiro Kameda says he has been repeatedly contacted by Apple legal representatives who have asked him to change the name of his as yet unavailable gPod female sex aid, citing the clear similarity of its naming scheme to that of the American company's iPod music player. The aid's trademark was previously approved by Japanese authorities in October of 2005, and was expected to stand until Kameda applied for a worldwide trademark -- which drew the attention of Apple's legal department. Despite warnings from Apple that he will be "forced to take all sorts of legal measures" should he release the product, Kameda insists that he will ship the gPod by the end of November.

Apple itself has so far declined to make any statements regarding the situation. "It's company policy not to comment on legal cases," an Apple spokesman told Mainichi. The iPod-maker is already engaged in numerous trademark disputes with companies in the U.S. and abroad that have offered similarly-named products which are not directly related to the iPod itself.


by MacNN Staff

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Comments

  1. Jeronimo2000

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    cool

    I'll buy four of these! :-)

  1. Faceplant

    Fresh-Faced Recruit

    Joined: Jan 2003

    0

    Can you say...

    ...Snap!

  1. Sebastien

    Dedicated MacNNer

    Joined: Apr 2000

    0

    Apple has no case

    Trademarks only apply for products in the same 'industry' (for lack of a better work).

    Music players and s** aids are not even remotely close to each other. There's no way someone would confuse this 'gPod' with an iPod.

    For example, I know of a company that had registered 'MicroSoft' for a soft contact lens as a trademark; Microsoft had to buy it from the company if it wanted it (which they did).

  1. chadpengar

    Fresh-Faced Recruit

    Joined: Oct 2001

    0

    same industry

    don't tell me the iPod is not a s** aid :-)

  1. trevj

    Fresh-Faced Recruit

    Joined: Dec 1999

    0

    Funny how...

    we never see any s** aids called Microsoft.

  1. trowelblister

    Fresh-Faced Recruit

    Joined: Dec 2005

    0

    funnier how,,,,

    the Zune may acutally be a form of contraception. you ain't getting no dates with hunk of sh#$%t on your hip.

  1. chulitomio

    Fresh-Faced Recruit

    Joined: May 2004

    0

    Re: Apple has no case

    Trademark disputes do not only apply to products in the same 'industry.' The law states a trademark is "any word, name, symbol or device, or any combination that … identify[ies] and distinguish[es] … goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if the source is unknown."

    The word or phrase that uniquely identifies a product is what is protected, regardless of what the product is. Certainly it's much easier if the product in question has similar function, but winning an infringement case can involve proving:

    The mark has value. Example - Ad dollars spent and economic gain from consumer recognition the mark has.

    The mark is treated as an asset. Shown by vigilantly pursuing those you feel are infringing.

    The use of the mark by the infringer causes consumer confusion. Example - mom bought you a MPod3 player thinking it was an iPod.

    The use of the mark by the infringer results in an economic benefit to the infringer they otherwise would not gain. So it becomes significant if 'gPod' catches your attention because of your familiarity with the iPod mark.

    Since active defense of a mark is in itself evidence of the mark's value to the holder, Apple will demonstrate due diligence by threatening anyone's use of a similar mark, whether they can win a suit or not.

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