Apple Sued Over EarPods v HearPods Trademark

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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Apple Name associated with a 1$ Billion Fraud Case

Although Apple itself has done nothing illegal in this matter, the company is seeing its brand take a beating in the headlines for little more than its connection to the fraudulent activities engaged in by a single Wall Street trader.

Bloomberg confirms that an ex-trader with the firm Rochdale Securities LLC has been charged with wire fraud relating to an unauthorized $1 billion purchase of Apple stock. But when all didn't go as planned in the scam, the stunt cost his company $5 million.

The trader in question is David Miller, 40. Miller surrendered to the FBI yesterday and was subsequently released on $300,000 bail.

"The Stamford, Connecticut-based brokerage has been struggling to survive and hold on to its staff after Miller’s trade, made about the time of the Cupertino, California-based Technology Company’s October earnings release."

“As is so often seen in these types of cases, the alleged criminal conduct of Miller was for personal gain at the expense and detriment of others,” FBI agent Kimberly Mertz said yesterday in a statement. “Manipulating and orchestrating stock transactions in such a manner is a very serious criminal offense and its impact can be both devastating and lasting.”

In case you're wondering, wire fraud could land you in the slammer for up to 20 years. [Bloomberg]


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