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This article was published on April 2, 2013

    HearPod sounds off about Apple’s EarPods, files trademark infringement suit

    HearPod sounds off about Apple’s EarPods, files trademark infringement suit Image by: Justin Sullivan
    Robin Wauters
    Story by

    Robin Wauters

    Robin Wauters is the European Editor of The Next Web. He describes himself as a hopeless cyberflâneur, a lover of startups, his family a Robin Wauters is the European Editor of The Next Web. He describes himself as a hopeless cyberflâneur, a lover of startups, his family and Belgian beer. If you'd like to know more about Robin, head on over to robinwauters.com or follow him on Twitter.

    Randolph Divisions, the company behind the HearPod digital hearing aid, has sued Apple over trademark infringement.

    The lawsuit, filed last week in the Hawaii District Court in Honolulu, revolves around the ‘HearPod’ trademark Randolph Divisions successfully registered back in late 2007. In the suit, Randolph Divisions alleges that Apple infringes on said trademark with its EarPods line of earbuds.

    Originally introduced on September 12, 2012, Apple EarPods first shipped with the iPhone 5, featuring a remote control and microphone.

    Personally, I fail to see how the headphones could be mistaken for a hearing aid, but I’m not a lawyer, so I’ll refrain from making any statements about the validity of Randolph Divisions’ claim.

    For the record, Apple does own the US trademarks for ‘EarPods’ and ‘Apple EarPods’.

    But, as The Domains pointed out when the new headphones were revealed, Apple failed to secure the domain names Earpods.com and Earpod.com for its new product in advance (and still doesn’t own them).

    Coincidentally, the latter domain name is owned by Randolph Divisions and leads to the HearPod website.

    In related news, HearPod offers a ‘iPod Protection Plan’.

    Image credit: Justin Sullivan / Getty Images