Apple being sued by Randolph Divisions and Hearpod Inc. for similarities
in product function and name; paperwork demands damages and ceased production.
The
lawsuit war continues with Apple, this time it being on the receiving end of
one. Last week the paperwork was filed that stated that Apple's new headphone
dubbed "Earpods" is infringing on the product of Randolph Divisions
and Hearpod Inc. and its trademark "Hearpods".
The
company manufactures hearing aids under the name Hearpods, which was
trademarked back in February of 2005, removing any doubt of who came
up with it first. The lawsuit complains: "Both Plaintiffs' Goods and
Defendant's Goods are similar in nature in that, among other things, they are
inserted into the ears of their users and are used to facilitate and enhance
the transmission of sounds to the users."
The company
demands that Apple not only pay damages, but also cease the sale of its Earpods
headphones. Hearpod Inc has spent $625,000 promoting its product since the
patent was files in Hawaii, results in $1.7 million in sales so far.
Earpods were introduced along with the iPhone 5, and is the first line of
headphones that Apple have given a brand name. This is not even the first time
Apple have received lawsuits concerning its headphones, with previous
allegations of patent infringement of audio transfer techniques and another
lawsuit complaining about the volume of its headphones, which led to a software
limiter to be implemented. [Source]
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