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Thread: Hearing Aid Company Sues Apple Over "EarPods" Trademark

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    MMi Staff Writer Akshay Masand's Avatar
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    Default Hearing Aid Company Sues Apple Over "EarPods" Trademark


    A digital hearing aid company recently filed suit against Apple claiming that the EarPod headphones the Cupertino California company sells violate the trademark of a similarly named product: HearPods. As reported by The Next Web, Randolph Divisions filed suit in the Hawaii District Court in Honolulu last week, claiming that the EarPods’ name is too close to that of Randolph’s own HearPods digital hearing aids.

    Randolph owns the HearPod corporation, which is currently based out of Nevada. The company filed for the “HearPod” trademark in late 2005, receiving a subsequent registration in 2007. The suit seeks a permanent injunction based on “trademark infringement, unfair competition and dilution.” It calls for the matter to be decided by a jury with a goal of destroying all Apple materials associated with the EarPod mark.

    As many of you may already know, Apple introduced the EarPods in September of last year alongside the company’s newest iPhone and iPod models. The $29 headphones also include a remote to control an iOS device and microphone. Apple owns U.S. trademarks for both “EarPods” and “Apple EarPod,” both of which were registered in 2013.’

    Prior to revealing the devices, Apple failed to secure the domain names for earpod.com and earpods.com as Earpod.com is currently a site that redirects to MyHearPod.com, a site for Randolph’s HearPods. It’s hard to say who will win as Randolph’s HearPod’s corporation is legitimate and Apple likely won’t go out without a fight.

    Source: The Next Web

    Twitter: @AkshayMasand

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    My iPhone is a Part of Me bmwraw8482's Avatar
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    Everyone wants their slice of the pie. Yay America

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  4. #3
    These company's don't give a crap if it copies their design. They just want some of apples sugar.

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    My iPhone is a Part of Me vinaygoel2000's Avatar
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    Apple to HearPod: Here's some change. Now shut the fcuk up.

  6. #5
    They going to sue the BBC as well? They've used the term earpods in several episodes since 2007.

  7. #6
    Yeah I see how people can get confused with "HearPods" and "EarPods" as how people get confused between an iPhone and Galaxy.

  8. #7
    So the "legal battle" will not be over using the same name or the same product or the same sounding name...but over a name that sounds pretty close. Even though "hear" and "ear" are two totally different words whose only similarity is that the words rhyme.

    Does that mean anyone that has a trademark for "class action" can sue anyone using "a_s action"?

    Trademark: A symbol, word, or words legally registered or established by use as representing a company or product.

    If this wins or gets any time of consideration for court (or apple settles) that would pretty much change the idea of trademarks and similarly sounding words.
    Last edited by GeoffS4; 04-03-2013 at 07:01 AM.

  9. #8
    they are just trying to cash in on Apples publicity to sell cheap hearing aids.

  10. #9
    Not like a deaf person will be able to hear the difference when people are speaking about it! Basically the company haven't made any money and decided to take a cheap shot at apple! Likely hoping apple will settle out of court! Not the brightest idea lol

  11. #10
    This site is just lol.

    Apple sues another company: "Yeah, get those thieves, they can't do anything but copy Apple!"

    Another company sues Apple: "They're just jealous of Apple's success!"

    Shoulda known the patent process was broken when Apple was allowed to patent rounded corners and colors, no?

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    Quote Originally Posted by td1439 View Post
    This site is just lol.

    Apple sues another company: "Yeah, get those thieves, they can't do anything but copy Apple!"

    Another company sues Apple: "They're just jealous of Apple's success!"

    Shoulda known the patent process was broken when Apple was allowed to patent rounded corners and colors, no?
    EXACTLY!!! All these Apple fan boys are always one sided especially when it comes to Apple making products that other people have made before and claiming that its "New and Innovative"
    Last edited by blkcadi; 04-03-2013 at 01:41 PM.

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    iPhone? More like MyPhone 5kylar's Avatar
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    Is it just me or is Apple just getting hit left right and center over the dumbest stuff. Every company in the market copies Apple. The phone and PC market wouldn't be where it is today and tablets might not even exist without Apple lol. Soooo yaa... Enough said

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    My iPhone is a Part of Me vinaygoel2000's Avatar
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    Izod clothing company should sue apple as well.

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    What's J*******k? Sage I's Avatar
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    Quote Originally Posted by tha1youshouldfear View Post
    EXACTLY!!! All these Apple fan boys are always one sided morons especially when it comes to Apple making products that other people have made before and claiming that its "New and Innovative"
    First of all, no fan boy one-sided morons posted anything about apple making new and innovative products that others have made before... Second, you have been a mmi member for 5 years and have posted your comments less than the count of all your fingers and toes combined... Why are you here? If you don't like mmi or want to participate here than find a different forum to complain about fan boys... Silly lawsuit, silly comment by you sir...

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    blkcadi (04-04-2013), Mohit555 (04-03-2013), vinaygoel2000 (04-03-2013)

  18. #15
    Quote Originally Posted by td1439 View Post
    This site is just lol.

    Apple sues another company: "Yeah, get those thieves, they can't do anything but copy Apple!"

    Another company sues Apple: "They're just jealous of Apple's success!"

    Shoulda known the patent process was broken when Apple was allowed to patent rounded corners and colors, no?
    Exactly!!!

  19. #16
    iPhone? More like MyPhone Painkiller006's Avatar
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    Quote Originally Posted by Sage I View Post
    First of all, no fan boy one-sided morons posted anything about apple making new and innovative products that others have made before... Second, you have been a mmi member for 5 years and have posted your comments less than the count of all your fingers and toes combined... Why are you here? If you don't like mmi or want to participate here than find a different forum to complain about fan boys... Silly lawsuit, silly comment by you sir...
    Someone woke up in the wrong side of the bed, relax man. Although he is right. Apple fanboys are extremely bias when it comes to lawsuits.
    from my rooted Droid DNA

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    iPhone? More like MyPhone Daerid's Avatar
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    Quote Originally Posted by GeoffS4 View Post
    So the "legal battle" will not be over using the same name or the same product or the same sounding name...but over a name that sounds pretty close. Even though "hear" and "ear" are two totally different words whose only similarity is that the words rhyme.

    Does that mean anyone that has a trademark for "class action" can sue anyone using "a_s action"?

    Trademark: A symbol, word, or words legally registered or established by use as representing a company or product.

    If this wins or gets any time of consideration for court (or apple settles) that would pretty much change the idea of trademarks and similarly sounding words.
    Didn't Apple sue Samsung over a phone that had the same shape? These products sound the same. All BS, in my opinion, but if we say its fine for Apple, then it should be fine for everyone.

    Again, it's all BS in my opinion.

  21. #18
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    Quote Originally Posted by bmwraw8482 View Post
    Everyone wants their slice of the pie. Yay America
    eyephone or iPhone?

  22. #19
    Livin the iPhone Life
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    Quote Originally Posted by jOnGarrett View Post
    eyephone or iPhone?
    Nope, I have the Aye-Phone

  23. #20
    Quote Originally Posted by Painkiller006 View Post
    Someone woke up in the wrong side of the bed, relax man. Although he is right. Apple fanboys are extremely bias when it comes to lawsuits.
    Fanboys period are biased regardless of who they are fanboys of. It is derived from the word fanatic after all lol

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