Trademark Law Briefs

Apple Inc. v. Podfitness, Inc. 2008 US Dist. LEXIS 45241 (N.D. Cal. 2008); see also 2007 US Dist. LEXIS 36347 (N.D. Cal. 2007) for procedural/factual history of the case

Ruling: This case is an entry of a consent judgment between Apple Inc. (Plaintiff) and Podfitness Inc. (Defendant).  The judgment granted a permanent injunction of Defendant’s use of the term Pod in its title and the use of white ear buds in its logo.  The consent judgment states that such use infringes on Plaintiff’s registered trademark in the term “Pod” and common law trademark in the white ear buds resulting from trade dress and use in the silhouette advertising. (more…)