Apparently, Apple is the current target for various lawsuits concerning the infringement of several products or part products. In this case, the problem is with the “EarPod” product trademark. A Digital hearing aid company filled a complaint against Apple, suggesting the fact that EarPod headphones infringe the trademark of a similar product called HearPods.
Randolph Division who claims that the name of Apple’s famous headphones is too similar with the one they use to describe their headphone products, the HearPods, filled the application in Honolulu, Hawaii. The company filled in a patent application for the respective products somewhere in 2005, but it received a subsequent registration in 2007.
Both of these two headphone products are similar is offering users the ability to receive sounds. They are inserted into the ears, as any other headphone products and are used to enhance and facilitate the transmission of sounds to the users.
The HearPods maker asks for a permanent injunction based on the claims of trademark infringement, unfair competition and dilution. The last term stands for destroying all Apple products and materials concerning the EarPods trademark, in case the jury decides in favor of Randolph Division Company. Apparently, the plaintiff has spent more than $625,000 promoting its products, the HearPods headphones, and it has received more than $1.7 million in sales.
In what concerns Apple’s famous EarPods, the Fruit Company revealed the product in September last year along with a new iPhone and iPod model. The Apple headphone product is shipped with any iPhone or iPod purchased, but alone costs around $29. It includes a microphone and a remote control in order to offer commands to any iOS device. In this respect, Apple uses the US trademark for “EarPods” term, as well for the “Apple EarPods”.
Another problem Apple is facing is the fact that the earpod.com and earpods.com domain names are already taken and not by the Cupertino-based Company. The Randolph Division already took care of this topic, and both of these domain names redirects to MyHearPod.com domain own by the digital hearing aid company.
However, as you may imagine, this is not the first time such company intends a process against Apple related to headphones. Last year, another complaint was filled against Apple and it demanded more than $3 million damages from Apple for infringing on a patent related to audio signal transfer. A similar case happened in 2006. The Cupertino Company was sued over volume levels of its iPod line and pack-in headphones. Apple lost the lawsuit and the action resulted in adding a volume limiter to Apple’s products.