There is a penalty! If someone else were using it first, they could sue Apple, and that is in fact exactly what happened. https://en.m.wikipedia.org/wiki/Apple

There is a penalty! If someone else were using it first, they could sue Apple, and that is in fact exactly what happened. https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer