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This is correct in theory but in practice the "specific context" is often ignored when suing or has been overruled. Apple has sued all sorts of companies that a
by kriro 11y ago
This is correct in theory but in practice the "specific context" is often ignored when suing or has been overruled. Apple has sued all sorts of companies that are not even in the broad IT domain (e.g. restaurants) for supposed trademark violations.
Legislature is quite different in Germany (Roman Law vs Common Law etc. but AFAIK this clause also exists in German law) but they sued Apfelkind, a mom and pop restaurant business, for example.
- viscountchocula 11y agoSued, yes, but ultimately withdrew. http://www.theguardian.com/world/2013/oct/07/apfelkind-cafe-trademark-battle-apple-germany http://www.theguardian.com/world/2013/oct/07/apfelkind-cafe-...
- pbhjpbhj 11y agoNot all trademarks are equal. For "well-known marks" infringement can be considered to occur even with dissimilar goods: https://en.wikipedia.org/wiki/Trademark#Well-known_status https://en.wikipedia.org/wiki/Trademark#Well-known_status.