Comments on: Will the hammer fall here as well? http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/ News from the Staff of Podiobooks.com Fri, 05 Dec 2008 09:24:35 +0000 http://wordpress.org/?v=2.3 By: LonnieEzell http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-4458 LonnieEzell Wed, 06 Sep 2006 05:17:38 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-4458 You guys won't have a problem. Apple is protecting the rights to their hardward trademarks. That's it. For them, the term "podcasting" and even "podiobooks" is nothing but a benefit. Since they have the iPod, and they have jumped on the podcasting bandwagon with both feet, going after the term podcasting, like I've heard in quite a number of paranoid circles, would be cutting their own throats. They are thriving on the fact that people are confused and often think that podcasting requires an iPod. Podcasting brings people to iTunes, which, for some smaller percentage, creates more sales of their iPod. Simple business. You guys won’t have a problem. Apple is protecting the rights to their hardward trademarks. That’s it. For them, the term “podcasting” and even “podiobooks” is nothing but a benefit. Since they have the iPod, and they have jumped on the podcasting bandwagon with both feet, going after the term podcasting, like I’ve heard in quite a number of paranoid circles, would be cutting their own throats. They are thriving on the fact that people are confused and often think that podcasting requires an iPod. Podcasting brings people to iTunes, which, for some smaller percentage, creates more sales of their iPod. Simple business.

]]> By: nightwish http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-4381 nightwish Sun, 03 Sep 2006 22:15:05 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-4381 It would only be relevant if the Apple product was in the same market, ie, audiobooks. IANAL, but I've read quite a bit of IP analisys because I'm a free culture believer. It would only be relevant if the Apple product was in the same market, ie, audiobooks.
IANAL, but I’ve read quite a bit of IP analisys because I’m a free culture believer.

]]> By: Paul http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3758 Paul Fri, 18 Aug 2006 22:03:08 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3758 hey I was just over shamelessly sucking up to the folks at EscapePod. I asked him the same question....since the Apple nazis are out in force are you concerned. I made a point in mentioning that they seemed to be focusing in on anyone that was using POD. They don't seem to be worried because they were not trying to trademark/register the name. Seems reasonable I guess. I haven't asked podomatic yet who host my podcast.... Paul Cole Beam Me Up www.beameup.podomatic.com hey I was just over shamelessly sucking up to the folks at EscapePod. I asked him the same question….since the Apple nazis are out in force are you concerned. I made a point in mentioning that they seemed to be focusing in on anyone that was using POD. They don’t seem to be worried because they were not trying to trademark/register the name. Seems reasonable I guess. I haven’t asked podomatic yet who host my podcast….

Paul Cole Beam Me Up www.beameup.podomatic.com

]]> By: Bear http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3639 Bear Wed, 16 Aug 2006 18:40:44 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3639 Oh...one more thought... What am I gonna call that red thing I eat to keep the doctor away? -Bear Oh…one more thought…

What am I gonna call that red thing I eat to keep the doctor away?

-Bear

]]> By: Bear http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3637 Bear Wed, 16 Aug 2006 18:31:45 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3637 I figured I'd coin a new word for what we're talking about. I was going to call each person speaking about "iPod" to step up to the iPodium...until I did a google search...scratch that idea. Apple's got its hands full if it thinks it can stop the iPODEMONIUM (poor take-off of pandemonium, of course). There's pod and iPod <em>everything</em> nowadays!! I, like Matt Selznick, am still waiting for someone to explain the "i" in "iPod". AND...I never liked the appellation "podcast", anyway. When I did my first audio excursion into blogs, I called it "audioblogging" and began producing "audioblogs". Never considered it "casting", either, since I wasn't exactly broadcasting in the currently excepted sense of the word. Upon reflection, I'm thinking, "What's all the hoopla, anyway?" Let's squash Apple's megalomanical attempt to grab all things P-O-D, and simple tell them they CAN'T HAVE IT! I'm more than willing to surrender any use of i-p-o-d that doesn't fall into an actual pre-iPod word, and just tell them...take your iPod and shove it! If I can reserve rights to AUDIOBLOG, AUDIOBLOGGING and ...BLOGS, et al, <!--Creative Commons License--><a href="http://creativecommons.org/licenses/by-nc-nd/2.5/" rel="nofollow"></a>This work is licensed under a <a href="http://creativecommons.org/licenses/by-nc-nd/2.5/" rel="nofollow">Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 License</a>.<!--/Creative Commons License--><!-- --> --> I'll be more than happy to allow others non-commercial, no-revis, no deriv permission to use it. Go ahead Apple(r)...put that in your POD and smoke it!! -Bear I figured I’d coin a new word for what we’re talking about. I was going to call each person speaking about “iPod” to step up to the iPodium…until I did a google search…scratch that idea.

Apple’s got its hands full if it thinks it can stop the iPODEMONIUM (poor take-off of pandemonium, of course). There’s pod and iPod everything nowadays!!
I, like Matt Selznick, am still waiting for someone to explain the “i” in “iPod”. AND…I never liked the appellation “podcast”, anyway. When I did my first audio excursion into blogs, I called it “audioblogging” and began producing “audioblogs”. Never considered it “casting”, either, since I wasn’t exactly broadcasting in the currently excepted sense of the word.
Upon reflection, I’m thinking, “What’s all the hoopla, anyway?” Let’s squash Apple’s megalomanical attempt to grab all things P-O-D, and simple tell them they CAN’T HAVE IT! I’m more than willing to surrender any use of i-p-o-d that doesn’t fall into an actual pre-iPod word, and just tell them…take your iPod and shove it!

If I can reserve rights to AUDIOBLOG, AUDIOBLOGGING and …BLOGS, et al, This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 License.

–>
I’ll be more than happy to allow others non-commercial, no-revis, no deriv permission to use it.

Go ahead Apple(r)…put that in your POD and smoke it!!

-Bear

]]> By: Tim http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3611 Tim Tue, 15 Aug 2006 19:58:42 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3611 This might clear things up a bit on this issue, it seems the company's that were contacted sold products that were iPod like. I think Podiobooks should be save, unless Apple really starts to get aggressive. http://news.zdnet.com/2100-9584_22-6105789.html?tag=zdfd.newsfeed This might clear things up a bit on this issue, it seems the company’s that were contacted sold products that were iPod like. I think Podiobooks should be save, unless Apple really starts to get aggressive.

http://news.zdnet.com/2100-9584_22-6105789.html?tag=zdfd.newsfeed

]]> By: We_are_Borg http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3606 We_are_Borg Tue, 15 Aug 2006 17:17:32 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3606 Maybe someone at Apple® should try to find a Sony® Betamax® Video Cassette Recorder and see if they can buy a movie to mellow out with. Haven't we seen the companies that jealously guard their registered trademarks and all varriants thereof in perpetuity go down the tubes? If not for the public usage of "kleenex," "aspirin," "coke," "compact disk," or any number of "namebrand" products that have become the icons of all such products, where would we be... I doubt many people would got to the store to by a bottle of salisylic acid tablets. Come on Apple®, JUST DO IT! (oh! can I say that?) What's next? "ROLLOX Replacement Rectangular Wall Apertures" Maybe someone at Apple® should try to find a Sony® Betamax® Video Cassette Recorder and see if they can buy a movie to mellow out with. Haven’t we seen the companies that jealously guard their registered trademarks and all varriants thereof in perpetuity go down the tubes? If not for the public usage of “kleenex,” “aspirin,” “coke,” “compact disk,” or any number of “namebrand” products that have become the icons of all such products, where would we be… I doubt many people would got to the store to by a bottle of salisylic acid tablets.

Come on Apple®, JUST DO IT! (oh! can I say that?)
What’s next? “ROLLOX Replacement Rectangular Wall Apertures”

]]> By: Michael http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3558 Michael Mon, 14 Aug 2006 22:40:23 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3558 You may remember that the car Lexus almost didn't come out because Lexus/Nexus filed a law suite. While there is a little more similarity - it highly unlikely they would win. I wish you the best of luck and would be willing to donate to a legal fund if it comes to that. You may remember that the car Lexus almost didn’t come out because Lexus/Nexus filed a law suite. While there is a little more similarity - it highly unlikely they would win. I wish you the best of luck and would be willing to donate to a legal fund if it comes to that.

]]> By: JClark http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3525 JClark Mon, 14 Aug 2006 03:34:34 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3525 Probably not, if I'm correct trademarks typically cost hundreds at least. Hopefully Apple will realize that the term "podcast" is quite generic now, and "podiobooks" stems from that. Given that the term podcast has appeared all over the place, for example in the title's of many books, how can they claim ownership of it now? Trademarks go away if you fail to protect them (unlike copyrights and patents), by letting pod without the i be used so freely for this long, I'm thinking they've given up any claim to it. Heck, if all else fails, just point to "Podcasting for Dummies" and say that's where you got your inspiration :) Probably not, if I’m correct trademarks typically cost hundreds at least. Hopefully Apple will realize that the term “podcast” is quite generic now, and “podiobooks” stems from that. Given that the term podcast has appeared all over the place, for example in the title’s of many books, how can they claim ownership of it now? Trademarks go away if you fail to protect them (unlike copyrights and patents), by letting pod without the i be used so freely for this long, I’m thinking they’ve given up any claim to it.

Heck, if all else fails, just point to “Podcasting for Dummies” and say that’s where you got your inspiration :)

]]> By: dingosatemybaby http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3520 dingosatemybaby Mon, 14 Aug 2006 01:57:35 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3520 Hey I am a *huge* Apple fan, but come on...I hope this insanity doesn't extend here. I can grudgingly understand them protecting a trademark name like "ipod" (oops! dont sue me Apple) but *pod.*? That sounds more like a Micro$oft move than an Apple one. Can you trademark the term 'podiobooks' inexpensively? :) Hey I am a *huge* Apple fan, but come on…I hope this insanity doesn’t extend here. I can grudgingly understand them protecting a trademark name like “ipod” (oops! dont sue me Apple) but *pod.*?

That sounds more like a Micro$oft move than an Apple one.

Can you trademark the term ‘podiobooks’ inexpensively? :)

]]> By: Deadron http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3513 Deadron Mon, 14 Aug 2006 00:11:16 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3513 I suspect this is over the hardware connection, as described in the letter: ------------- Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. Moreover, it has not gone unnoticed that, like Apple's IPOD device, the PROFIT POD product is a small, flat, round corned rectangular device with a display screen. In addition to the likelihood of confusion between the products, because Apple's mark is famous, it is entitled to protection from dilution attributable to the PROFIT POD mark. ------------- If Podiobooker puts out a piece of rectangular hardware with "pod" in the name, then yeah I bet there will be a problem... I suspect this is over the hardware connection, as described in the letter:

————-
Both devices receive and transmit data and are used with computers, both are used in connection with video games, and both have other similar components. Moreover, it has not gone unnoticed that, like Apple’s IPOD device, the PROFIT POD product is a small, flat, round corned rectangular device with a display screen. In addition to the likelihood of confusion between the products, because Apple’s mark is famous, it is entitled to protection from dilution attributable to the PROFIT POD mark.
————-

If Podiobooker puts out a piece of rectangular hardware with “pod” in the name, then yeah I bet there will be a problem…

]]> By: M H Bonham http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3511 M H Bonham Sun, 13 Aug 2006 23:00:53 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3511 Very odd. I can understand Apple going after anything called Ipod, but not Pod, because, geez, pod is such a generic term. Are they going to sue octopi, squid and cuttlefish because they're cephaloPODs? And yeah, what about the Print on Demand folks? Apple going to sue Lightning Source because it's the main POD??? This is plain silly. Very odd. I can understand Apple going after anything called Ipod, but not Pod, because, geez, pod is such a generic term. Are they going to sue octopi, squid and cuttlefish because they’re cephaloPODs?

And yeah, what about the Print on Demand folks? Apple going to sue Lightning Source because it’s the main POD???

This is plain silly.

]]> By: Clair http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3506 Clair Sun, 13 Aug 2006 21:22:05 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3506 Hrm... What's going to happen to "podcast"? Hrm… What’s going to happen to “podcast”?

]]> By: Matthew Wayne Selznick http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3505 Matthew Wayne Selznick Sun, 13 Aug 2006 20:58:24 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3505 The letters P-O-D in sequence also stand for "print on demand." And "piece of data," once upon a time. And, for that matter, a pod in its original sense is simply a container, holding many things. Like a seed pod, the "pod" in "podiobook" represents the great potential of thought and imagination contained within an RSS feed, ready to burst upon the listener's fertile mind. It has nothing to do with iPods, any more than podcasts do. Better call the EFF... By the way, what does the "I" stand for in iPod? Because I know I didn't sanction the use of the word that signifies my individual identity. How dare those bastards at Apple presume such! The letters P-O-D in sequence also stand for “print on demand.” And “piece of data,” once upon a time.

And, for that matter, a pod in its original sense is simply a container, holding many things. Like a seed pod, the “pod” in “podiobook” represents the great potential of thought and imagination contained within an RSS feed, ready to burst upon the listener’s fertile mind. It has nothing to do with iPods, any more than podcasts do.

Better call the EFF…

By the way, what does the “I” stand for in iPod? Because I know I didn’t sanction the use of the word that signifies my individual identity. How dare those bastards at Apple presume such!

]]> By: Bear http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3500 Bear Sun, 13 Aug 2006 18:23:08 +0000 http://www.podiobooks.com/blog/2006/08/13/will-the-hammer-fall-here-as-well/#comment-3500 What's next? Is Apple going to go after peas? After all, they come in PODS. What’s next? Is Apple going to go after peas? After all, they come in PODS.

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