Seems like TechCrunch isn’t the only company around that is having trademark issues.

Apple is throwing around its litigious might again, sending a cease and desist to another company whose name or products resemble the name iPod.

The blogosphere is yet again picking up on this:

• Jasan Calacanis feels getting sued by Apple out of existence is the best thing a small company (from a marketing point of view)
• Dave Winer puts podcasting into a bit of a historical perspective
• Leo Laporte feels that we ought to just call it a different name (”Netcasting?”)

However, unlike TechCrunch, Apple is having the same problem Google had a few weeks ago — which, quite frankly, in the realm of “problems” is actually a nice problem to have:

Apple and its products are so big and so popular, that they have become synomyous with a product category itself.

“Google”, for example, has moved beyond the proper noun that describes the company, on to a verb (”small g”) that describes the process of searching for stuff (using Google). As Steve Reubel notes – its even in the dictionary.

“Xerox” has also moved beyond the proper noun to a verb that describes making a copy using a photocopier.

Kleenex.

Rolodex.

Frisbee.

Palm.

Now, “Podcast” joins them. It has become synonymous with the process of an audio recording that you can easily subscribe through RSS technologies on the Internet.
Why is Apple gettings it underwear in knots? Why bother protecting your trademark by hauling out your all-star law team?

Although I’m not a lawyer (IANAL), it seems like in order to maintain a trademark you’ve got to protect it. And the benefits of having a trademark are many, but amongst them, the ability to protect your name, and sue and recover monies for trademark violations.

When a trademark becomes ubiquitous and enters the public discourse it all becomes impossible to protect it — and it seems like you virtually lose the trademark thereafter.

Hence the idiocies earlier this month with Google trying to sue people not using the term google (small “g”).

Which brings me to my last point. I’ve been toying with the idea of putting together a weekly podcast — I was thinking of calling it “Jive Poddin’” … sort of like a play on the song “Jive Talkin’”, and word “Podcast”.

With all the legal action floating around the blogosphere I wonder if this will set me up to get a cease and desist from the Bee Gees?

Well, Apple, more likely.
At first I thought “If you’re so small as to be invisible, I’m probably thinkin’ that many of these bigger corporations either won’t care, or won’t take the time to get their legal team to be interested. A so-called D-List factor that would ‘protect’ me.”

Seems like that thought was a bit naive.

Because I ran into this article, about a mom and pop operation trying to trademark “profit pod” getting the shakedown for using the term “Pod” by Apple.

And then this, about a webdesigner, creating a sleeve for her notebook, wanting to trademark the name “tightpod”, and getting a similar threatening letter.

Hmmm … maybe I’ll have to rethink that title after all. :P