4 ms·
It's not similar. It's not pro-form. And that is no risk of losing the trademark here at all. You can mainly lose trademark through following cases: - non u
by dathinab 6y ago
It's not similar.
It's not pro-form.
And that is no risk of losing the trademark here at all.
You can mainly lose trademark through following cases:
- non use
- it becoming generic
- dilution
In this case it's about dilution but for it to dilute a trademark it needs to be similar enough to be easily mixed up.
People tend to not mix up pears with apples.
People tend to be able to differentiate between colors.
The drawing still is different!
There is no bit, which is probably THE major unique part about the Apple logo.
The orientation is different.
So not really any chance for dilution.
By it both not being a Apple and but having the bit as well as the different drawing still they is no chance to confuse it accidentally. And as such no chance for dilution!
Edit: tbh if the US law system wouldn't be so proud on abuse through financial exhaustion this would be a pretty much open and shut case IMHO.
- wrkronmiller 6y ago> People tend to not mix up pears with apples. People intentionally used an almost-identical logo as a knockoff of the Apple trademark, many years ago: https://icarly.fandom.com/wiki/Pear_Company https://icarly.fandom.com/wiki/Pear_Company
- dathinab 6y agoYou know that this is from a TV show right not an actual product. They used a logo which is different enough to not be accidentally confused but similar enough so that people can guess what they are referring to. Also this log had the same orientation and roughly the same drawing style. If anything you could say that pears on computers due to movie and cinema have become a synonym for a "expensive high quality computer/phone/etc." and as such Apple pear tm would be diluted from the get to go if Apple would register it. There are also apple alike products using pears, they normally also don't try to trick you into buying their product by confusing it with Apple products but use the pear to communicate a that it's (supposedly) an thing with similar qualities as Apple but which is not Apple. There is a difference between a generalized logo which is the synonym for "something similar to an apple product but definitely not Apple" and "something similar enough to accidentally confuse it".
- bluedevil2k 6y agoA TV show where the awesome hot products were pear shaped iPear phones and tablets. Obviously satire.