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Apple seems to think that it owns trademark on all minimal fruit emblems with leaf to the side. Maybe they should also try to sue Whole Foods Market and Amazon

by type0 6y ago

Apple seems to think that it owns trademark on all minimal fruit emblems with leaf to the side. Maybe they should also try to sue Whole Foods Market and Amazon and let's see how that goes. This is just incomprehensible ridiculousness.

gridlockd 6y ago
You may not be aware of it, but this happens all the time, it's just not news because the companies involved aren't newsworthy. If you have a trademark, you have to defend it, or you risk losing it. Is it ridiculous? Yes. Is it incomprehensible to an outsider? Yes. Nevertheless, it's par for the course.
- type0 6y ago
  In this case it's not distinctive in character so they should actually loose the trademark on "minimal fruit emblem with leaf to the side". Apple is arbitrary in this case https://en.wikipedia.org/wiki/Trademark_distinctiveness#Arbitrary_marks https://en.wikipedia.org/wiki/Trademark_distinctiveness#Arbi... they shouldn't be able to prohibit apple sellers to use apple as their logo or for that matter anyone else unrelated. edit: it appears that Apple lawyers never tasted pears and think it's the same thing
- dathinab 6y ago
  The risc of losing a trade mark is close to none!!! Only if your trade mark become a generic symbol is there any chance to lose it, and only if it is your trademark or something super similar and not something distantly similar. I.e. this is just bulling and nothing more, Apple's only potential benefit is to try to deter other companies from ever using logos based on Apple's or peaches, which would be a cost abuse of power (even if legal). Oh, it they plan to bring it a similar app and try to hampper competition, which again would be abusive behavior. But risc to their trade mark never did exist because that (or more or less any other) pear trade mark!
perilunar 6y ago
Apple sued Woolworths (an Australian supermarket chain) in 2009 [1], but they must have lost, since Woolworths is still using its 'apple ribbon' logo. 1. https://www.smh.com.au/technology/apple-claims-woolies-is-getting-fresh-with-new-logo-20091004-ghxe.html https://www.smh.com.au/technology/apple-claims-woolies-is-ge...
- sjwright 6y ago
  Apple didn’t sue Woolworths, they just filed an opposition to the trademark to IP Australia. Same sort of thing as is happening here.

by type0 6y ago

gridlockd 6y ago

You may not be aware of it, but this happens all the time, it's just not news because the companies involved aren't newsworthy. If you have a trademark, you have to defend it, or you risk losing it. Is it ridiculous? Yes. Is it incomprehensible to an outsider? Yes. Nevertheless, it's par for the course.

type0 6y ago
In this case it's not distinctive in character so they should actually loose the trademark on "minimal fruit emblem with leaf to the side". Apple is arbitrary in this case https://en.wikipedia.org/wiki/Trademark_distinctiveness#Arbitrary_marks https://en.wikipedia.org/wiki/Trademark_distinctiveness#Arbi... they shouldn't be able to prohibit apple sellers to use apple as their logo or for that matter anyone else unrelated. edit: it appears that Apple lawyers never tasted pears and think it's the same thing
dathinab 6y ago
The risc of losing a trade mark is close to none!!! Only if your trade mark become a generic symbol is there any chance to lose it, and only if it is your trademark or something super similar and not something distantly similar. I.e. this is just bulling and nothing more, Apple's only potential benefit is to try to deter other companies from ever using logos based on Apple's or peaches, which would be a cost abuse of power (even if legal). Oh, it they plan to bring it a similar app and try to hampper competition, which again would be abusive behavior. But risc to their trade mark never did exist because that (or more or less any other) pear trade mark!

perilunar 6y ago

Apple sued Woolworths (an Australian supermarket chain) in 2009 [1], but they must have lost, since Woolworths is still using its 'apple ribbon' logo. 1. https://www.smh.com.au/technology/apple-claims-woolies-is-getting-fresh-with-new-logo-20091004-ghxe.html https://www.smh.com.au/technology/apple-claims-woolies-is-ge...

sjwright 6y ago
Apple didn’t sue Woolworths, they just filed an opposition to the trademark to IP Australia. Same sort of thing as is happening here.