5 ms·

How is it being characterized? Certainly not as a lawsuit.

kstrauser 6y ago
The characterization is that Apple is breaking out the big guns to stomp all over a tiny company, as opposed to them filing a routine piece of paperwork and not showing obvious signs of doing anything more. This story is that “they’re taking the fight to Canada”, which begs the question that there’s even a fight. Instead, sounds like Prepear filed for trademarks in both the US and Canada, and Apple filed a similar response in both places.
- rendall 6y ago
  Yes, I thought this was a lawsuit all along. I only realized it was not after reading your reply. Is it normal for companies to file trademark commentary, like Apple is doing? +1 for using "begs the question" properly
  - kstrauser 6y ago
    Yeah, it’s really normal. If you were bored enough, you could get a list of current applications and file your own complaints. This is the “Notice of Opposition” that Apple filed in the US: https://www.scribd.com/document/471822364/Apple-s-Notice-of-Opposition-v-Super-Healthy-Kids-Inc https://www.scribd.com/document/471822364/Apple-s-Notice-of-... . That’s it - that’s the only thing I’ve heard that Apple’s actually done. The press makes it sound like they’re trying to have Prepear’s founders keelhauled or something, but to me this looks like like routine paperwork. It’s not even like the USPTO denied Apple’s opposition and they’re appealing it.
    - boomlinde 6y ago
      > That’s it - that’s the only thing I’ve heard that Apple’s actually done. The press makes it sound like they’re trying to have Prepear’s founders keelhauled or something, but to me this looks like routine paperwork Where does the press make it seem like Apple are trying to have Prepear's founders "keelhauled or something"? I understand that you are now not commenting on the article here (which certainly doesn't).
      - kstrauser 6y ago
        I don’t think we read the same article. The one linked here talks a lot about lawyers and fighting and money and layoffs and makes it sound like Apple’s mounting a major offensive. And while I certainly wouldn’t want to be in Prepear’s shoes and having to argue against Apple, literally nothing I’ve seen suggest that Apple is doing anything more than filing one-off trademark opposition letters. For all we know at this time, the whole interaction may end at: USPTO: Does anyone object to this? Apple: We’re not big fans of it. USPTO: Too bad. We’re granting it anyway. Apple: Alright. Sure, they may end up fighting this tooth and nail for a decade to come, but there’s been no evidence at all to suggest that they might.
        boomlinde 6y ago
        > The one linked here talks a lot about lawyers and fighting and money and layoffs Are you saying that these are not involved? Who do you think writes and defends an opposition. Who refutes it? How are they reimbursed for their work. Either way, you are now no longer talking about a mischaracterization. You are either outright claiming that Prepear are simply lying, or you're not making a point. > For all we know at this time, the whole interaction may end at: I don't see how baseless speculation serves your argument.
        kstrauser 6y ago
        The baseless speculation is that Apple will escalate this. Given that there’s no evidence in either way, I don’t think it’s reasonable to speculate on what Apple might do in the future when they’ve given no indication that they’ll do anything at all.
        boomlinde 6y ago
        > The baseless speculation is that Apple will escalate this Who is making that speculation?
  - deleted 6y ago
    [deleted]
- boomlinde 6y ago
  Characterizing a trademark opposition as "a routine piece of paperwork" isn't exactly doing the issue any justice, either. Apple have opposed the registration of the Prepear trademark, because they believe that it infringes on their own. The manner in which that was carried out at Apple, e.g. by routine, is irrelevant. If instead of calling it "breaking out the big guns to stomp all over a tiny business" or a "routine piece of paperwork" we could describe things as they are (like the article does) and be less confused over what's happening. > This story is that “they’re taking the fight to Canada”, which begs the question that there’s even a fight. Do you disagree that there is an obvious sense in which one might call this kind of dispute a fight?
  - kstrauser 6y ago
    To me, “fight” implies that the knives and guns are out. I’d characterize this as a disagreement. As far as has been reported, the parties haven’t even directly talked to each other. As I’ve said elsewhere, I think Apple’s in the wrong here. It seems very likely that Prepear will win their trademark applications. I just don’t think what they’ve done is as dramatic as the headlines make out. If I called you a jerk, I’d be in the wrong. If someone reports that as you and I are in a life and death struggle, they would also be wrong.
    - boomlinde 6y ago
      > To me, “fight” implies that the knives and guns are out. Then you have yourself to blame for being confused, because most people would understand given the context that Apple and Prepear aren't engaged in a knife fight. I have a hard time believing that you are making this argument in good faith.
      - kstrauser 6y ago
        I think you’re making too much of this. OK, then frankly, no: I don’t see this as a fight. I see this as paperwork flying back and forth, with nary a courtroom or judge or battleground to be found. This is just some routine filings that don’t IMHO raise to the level of a fight. I, too, feel like you’re trying to deliberately misunderstand what I’m trying to say.
tedunangst 6y ago
Why are there so many comments on this page talking about courts and judges and suing?
- kstrauser 6y ago
  I think because people read the headline and assumed something that’s totally wrong. When the first of these stories came out, people also misread those and got whipped up over a nonexistent lawsuit. Now every subsequent story suffers from the baggage of that first one: “I heard that Apple’s suing someone, and now they’re also fighting in Canada, too? We should break them up.” I’m not even on Apple’s side on this. I think they’ll lose the opposition to Prepear’s trademark applications. But I still think it’s a bad look for us that so many people are protesting what they think Apple has done, even though they haven’t.

The characterization is that Apple is breaking out the big guns to stomp all over a tiny company, as opposed to them filing a routine piece of paperwork and not showing obvious signs of doing anything more. This story is that “they’re taking the fight to Canada”, which begs the question that there’s even a fight. Instead, sounds like Prepear filed for trademarks in both the US and Canada, and Apple filed a similar response in both places.

rendall 6y ago
Yes, I thought this was a lawsuit all along. I only realized it was not after reading your reply. Is it normal for companies to file trademark commentary, like Apple is doing? +1 for using "begs the question" properly
- kstrauser 6y ago
  Yeah, it’s really normal. If you were bored enough, you could get a list of current applications and file your own complaints. This is the “Notice of Opposition” that Apple filed in the US: https://www.scribd.com/document/471822364/Apple-s-Notice-of-Opposition-v-Super-Healthy-Kids-Inc https://www.scribd.com/document/471822364/Apple-s-Notice-of-... . That’s it - that’s the only thing I’ve heard that Apple’s actually done. The press makes it sound like they’re trying to have Prepear’s founders keelhauled or something, but to me this looks like like routine paperwork. It’s not even like the USPTO denied Apple’s opposition and they’re appealing it.
  - boomlinde 6y ago
    > That’s it - that’s the only thing I’ve heard that Apple’s actually done. The press makes it sound like they’re trying to have Prepear’s founders keelhauled or something, but to me this looks like routine paperwork Where does the press make it seem like Apple are trying to have Prepear's founders "keelhauled or something"? I understand that you are now not commenting on the article here (which certainly doesn't).
    - kstrauser 6y ago
      I don’t think we read the same article. The one linked here talks a lot about lawyers and fighting and money and layoffs and makes it sound like Apple’s mounting a major offensive. And while I certainly wouldn’t want to be in Prepear’s shoes and having to argue against Apple, literally nothing I’ve seen suggest that Apple is doing anything more than filing one-off trademark opposition letters. For all we know at this time, the whole interaction may end at: USPTO: Does anyone object to this? Apple: We’re not big fans of it. USPTO: Too bad. We’re granting it anyway. Apple: Alright. Sure, they may end up fighting this tooth and nail for a decade to come, but there’s been no evidence at all to suggest that they might.
      - boomlinde 6y ago
        > The one linked here talks a lot about lawyers and fighting and money and layoffs Are you saying that these are not involved? Who do you think writes and defends an opposition. Who refutes it? How are they reimbursed for their work. Either way, you are now no longer talking about a mischaracterization. You are either outright claiming that Prepear are simply lying, or you're not making a point. > For all we know at this time, the whole interaction may end at: I don't see how baseless speculation serves your argument.
        kstrauser 6y ago
        The baseless speculation is that Apple will escalate this. Given that there’s no evidence in either way, I don’t think it’s reasonable to speculate on what Apple might do in the future when they’ve given no indication that they’ll do anything at all.
        boomlinde 6y ago
        > The baseless speculation is that Apple will escalate this Who is making that speculation?
- deleted 6y ago
  [deleted]
boomlinde 6y ago
Characterizing a trademark opposition as "a routine piece of paperwork" isn't exactly doing the issue any justice, either. Apple have opposed the registration of the Prepear trademark, because they believe that it infringes on their own. The manner in which that was carried out at Apple, e.g. by routine, is irrelevant. If instead of calling it "breaking out the big guns to stomp all over a tiny business" or a "routine piece of paperwork" we could describe things as they are (like the article does) and be less confused over what's happening. > This story is that “they’re taking the fight to Canada”, which begs the question that there’s even a fight. Do you disagree that there is an obvious sense in which one might call this kind of dispute a fight?
- kstrauser 6y ago
  To me, “fight” implies that the knives and guns are out. I’d characterize this as a disagreement. As far as has been reported, the parties haven’t even directly talked to each other. As I’ve said elsewhere, I think Apple’s in the wrong here. It seems very likely that Prepear will win their trademark applications. I just don’t think what they’ve done is as dramatic as the headlines make out. If I called you a jerk, I’d be in the wrong. If someone reports that as you and I are in a life and death struggle, they would also be wrong.
  - boomlinde 6y ago
    > To me, “fight” implies that the knives and guns are out. Then you have yourself to blame for being confused, because most people would understand given the context that Apple and Prepear aren't engaged in a knife fight. I have a hard time believing that you are making this argument in good faith.
    - kstrauser 6y ago
      I think you’re making too much of this. OK, then frankly, no: I don’t see this as a fight. I see this as paperwork flying back and forth, with nary a courtroom or judge or battleground to be found. This is just some routine filings that don’t IMHO raise to the level of a fight. I, too, feel like you’re trying to deliberately misunderstand what I’m trying to say.

tedunangst 6y ago

Why are there so many comments on this page talking about courts and judges and suing?

kstrauser 6y ago
I think because people read the headline and assumed something that’s totally wrong. When the first of these stories came out, people also misread those and got whipped up over a nonexistent lawsuit. Now every subsequent story suffers from the baggage of that first one: “I heard that Apple’s suing someone, and now they’re also fighting in Canada, too? We should break them up.” I’m not even on Apple’s side on this. I think they’ll lose the opposition to Prepear’s trademark applications. But I still think it’s a bad look for us that so many people are protesting what they think Apple has done, even though they haven’t.