Apple's two EarPods variants.
(Credit: Sarah Tew/CNET)
A new lawsuit claims Apple's latest headphones could be confused with a line of hearing aids bearing a similar, trademarked name.
In a complaint filed late last week, Randolph Divisions and Hearpod Inc. said Apple's Earpods headphones infringe on its trademark for "Hearpods." Randolph Divisions filed for the name in February 2005, and ended up using the name in its line of hearing aids.
"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 complaint argues.
The lawsuit, which was filed in a district court in Hawaii, also says Hearpod Inc. spent more than $625,000 promoting the products bearing that name, and pulled in more than $1.7 million in sales. As a result, the companies want Apple to stop selling Earpods, and pay damages.
Apple did not immediately respond to a request for comment about the complaint.
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