3 ms·
That's not true. For better or for worse, trademark protection specifically extends to beyond mere customer confusion to the murky areas of "tarnishment" and "
by SeanLuke 3y ago
That's not true. For better or for worse, trademark protection specifically extends to beyond mere customer confusion to the murky areas of "tarnishment" and "blurring" in the case of "famous" trademarks.
There is a clause in trademark law (both Swiss and US) which allows owners of "famous" trademarks to pursue infringement even when the marks in question do not overlap in commerce areas. Apple's trademark certainly meets the "famous" standard.
In Swiss law, see Article 15:
https://www.fedlex.admin.ch/eli/cc/1993/274_274_274/en https://www.fedlex.admin.ch/eli/cc/1993/274_274_274/en
In US law, see section (c) 1 of:
https://www.law.cornell.edu/uscode/text/15/1125 https://www.law.cornell.edu/uscode/text/15/1125
I imagine the reason for these clauses is, say, to prevent someone from making a Nike Swoosh Refrigerator with the purpose of selling units by drawing from Nike's luster.