Apple Sends Cease & Desist To Procreate Inc. About Flypod/Podium Products

Posted Mar 19, 2009

Apple Inc. has sent a cease and desist letter to Procreate Inc. regarding intellectual property.  Procreate is a small Washington based company that has built a several products that focus around Apple products.  Procreate lists four products on their site, but only the Podium product is available for sale right now.  Podium is being developed under the name “Pivotal.”  Podium (pictured above) acts as a stand for the iPhone or iPod that sells for $68.

“Our client has asked us to contact you about your client Procreate Inc.’s intent to use applications to register FLYPOD and PODIUM as trademarks,” stated the letter from Apple’s legal team. “Apple is concerned [that the] use of the marks for such goods — which are identical, substantially related, and/or complementary to Apple’s own IPOD brand products — will confuse consumers into believing Apple is associated with your client’s products, when it is not.”

Another product that Procreate is developing called the Flypod has not yet turned up, but it has a patent application that has been published.  The Flypod is described as “electronic and/or mechanical accessories for portable and handheld digital electronic devices, mamely, stands, holsters and/or docking stations…and battery chargers, electrical connectors, wires, cables, adapters and remote controls” in the application.

Apple believes that Flypod and Podium is taking their name substantially from the iPod trademark and POD in general.  “In light of the nature of Procreate Inc.’s goods, there can be little doubt that Apple’s IPOD mark is known to your client and that the ‘POD’ component of Procreate’s marks is a direct reference to the IPOD mark,” Apple added in their cease and desist letter.

Procreate disagrees with the cease and desist letter.

“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” stated President and CEO of Procreate Scott Baumann. “We were certainly surprised by the allegations and will be consulting with our legal counsel regarding this matter.”

[via AppleInsider/AP]