Apple Is Taking On Apples in a Truly Weird Trademark Battle (wired.com) 67
Apple, the company, wants rights to the image of apples, the fruit, in Switzerland -- one of dozens of countries where it's flexing its legal muscles. From a report The Fruit Union Suisse is 111 years old. For most of its history, it has had as its symbol a red apple with a white cross -- the Swiss national flag superimposed on one of its most common fruits. But the group, the oldest and largest fruit farmer's organization in Switzerland, worries it might have to change its logo, because Apple, the tech giant, is trying to gain intellectual property rights over depictions of apples, the fruit. "We have a hard time understanding this, because it's not like they're trying to protect their bitten apple," Fruit Union Suisse director Jimmy Mariethoz says, referring to the company's iconic logo. "Their objective here is really to own the rights to an actual apple, which, for us, is something that is really almost universal ... that should be free for everyone to use."
While the case has left Swiss fruit growers puzzled, it's part of a global trend. According to the World Intellectual Property Organization's records, Apple has made similar requests to dozens of IP authorities around the world, with varying degrees of success. Authorities in Japan, Turkey, Israel, and Armenia have acquiesced. Apple's quest to own the IP rights of something as generic as a fruit speaks to the dynamics of a flourishing global IP rights industry, which encourages companies to compete obsessively over trademarks they don't really need. Apple's attempts to secure the trademark in Switzerland go as far back as 2017, when the Cupertino, California-based giant submitted an application to the Swiss Institute of Intellectual Property (IPI) requesting the IP rights for a realistic, black-and-white depiction of an apple variety known as the Granny Smith -- the generic green apple.
The request covered an extensive list of potential uses -- mostly on electronic, digital, and audiovisual consumer goods and hardware. Following a protracted back-and-forth between both parties, the IPI partially granted Apple's request last fall, saying that Apple could have rights relating to only some of the goods it wanted, citing a legal principle that considers generic images of common goods -- like apples -- to be in the public domain. In the spring, Apple launched an appeal. The case now moving through the courts deals only with the goods for which the IPI refused the trademark, which an IPI official said could not be disclosed without consent from Apple, because the proceedings are still pending, but which include common uses such as audiovisual footage "meant for television and other transmission."
While the case has left Swiss fruit growers puzzled, it's part of a global trend. According to the World Intellectual Property Organization's records, Apple has made similar requests to dozens of IP authorities around the world, with varying degrees of success. Authorities in Japan, Turkey, Israel, and Armenia have acquiesced. Apple's quest to own the IP rights of something as generic as a fruit speaks to the dynamics of a flourishing global IP rights industry, which encourages companies to compete obsessively over trademarks they don't really need. Apple's attempts to secure the trademark in Switzerland go as far back as 2017, when the Cupertino, California-based giant submitted an application to the Swiss Institute of Intellectual Property (IPI) requesting the IP rights for a realistic, black-and-white depiction of an apple variety known as the Granny Smith -- the generic green apple.
The request covered an extensive list of potential uses -- mostly on electronic, digital, and audiovisual consumer goods and hardware. Following a protracted back-and-forth between both parties, the IPI partially granted Apple's request last fall, saying that Apple could have rights relating to only some of the goods it wanted, citing a legal principle that considers generic images of common goods -- like apples -- to be in the public domain. In the spring, Apple launched an appeal. The case now moving through the courts deals only with the goods for which the IPI refused the trademark, which an IPI official said could not be disclosed without consent from Apple, because the proceedings are still pending, but which include common uses such as audiovisual footage "meant for television and other transmission."
Unlike Google (Score:5, Informative)
Apple have never made claimed to Not Be Evil.
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What's worse, never making the claim, or no longer making the claim?
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A Bad Apple (Score:3)
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Hey, Bad Apple is pretty catchy: https://www.youtube.com/watch?... [youtube.com]
Apple (Score:5, Funny)
Apple wants to make Apples the forbidden fruit. Where have we heard this before? Prior art?
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Crowley is not available for comment: https://www.youtube.com/watch?... [youtube.com]
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Apple to sue God next (Score:5, Funny)
Confused Metaphor (Score:2)
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How about suing God for making a fruit shaped like an Apple?
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God has no money. They'd be better off suing the farmers, then offering them a license with a low cost per usage to sell their apples.
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God has no money.
He could always sell some of His real estate...
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A good lawyer would go after his admitted earthly representatives. They have tons of money.
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Re:Apple to sue God next (Score:4, Informative)
How about suing God for making a fruit shaped like an Apple?
Just a reminder, the bible didn't actually say Adam and Eve ate an apple-- it only said a "fruit."
"Apple" was inserted in the Latin translation by Saint Jerome, who couldn't resist the pun. ("Apple" is "malum" in Latin, but malum is also "evil, misfortune, calamity").
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Do they have this in the US? (Score:2)
Does anyone know if they have this trademark in the US?
Prediction of their motive (Score:2)
Apple HEALTH: A medical plus symbol on an Apple.
But a whole symbol motif of logos on apples for their version of things; they should get a patent for apple shaped everything like they did for rounded rect icon buttons.
Obligatory Fuck Apple Post (Score:5, Insightful)
Karma be damned!
yet an other way to control all parts to remove (Score:2)
yet an other way to control all parts to remove repair / used parts from the market.
You can't use the apple logo in any way to market / see repair services or selling any apple parts new, compatible or used.
Meh ... (Score:5, Informative)
Apple's quest to own the IP rights of something as generic as a fruit speaks to the dynamics of a flourishing global IP rights industry ...
Some corporation, I don't quite remember which one?!?! ... trademarked 'Windows', a pretty generic word. The Emperor of Mars trademarked 'Tesla' a fairly common East European family name. The word 'face' is now a trademark of Facebook/Meta. T-Mobile claims to have trademarked the colour magenta. Lucasfilm has actually trademarked the sound of Darth Vader breathing. The term "Super Hero" or "Superhero" are jointly claimed by DC Comics and Marvel Comics as trademarks. The term "onesie" is the trademarked property of the Gerber Childrenswear Company. Rapper 50 Cent's has a trademark on the term "50 cent", sooooo ...... every time a cashier says "50 cents" they are infringing on his trademark? ... the list goes on. If you are rich enough to be able to hire a legion of slimy lawyers you get away with that sort of thing as a matter of course.
Re:Meh ... (Score:4, Insightful)
No one is arguing that Apple shouldn't have trademark on their name and its use for producing electronic hardware and/or operating systems.
But to trademark the actual fruit for any and all depictions is going way too far. What are they gonna do if little Simon draws an apple in kindergarten, call in SWAT?
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What are they gonna do if little Simon draws an apple in kindergarten, call in SWAT?
That would obviously be a highly excessive response. More likely they simply sue Simon in civil court for a billion dollars.
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Excessive? Seems mild here the States. SWAT is better trained. They'll shoot the dog and gas the baby, but probably won't kill the kindergarten before they have him in custody ... unless he's black, of course.
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No one is arguing that Apple shouldn't have trademark on their name and its use for producing electronic hardware and/or operating systems.
But to trademark the actual fruit for any and all depictions is going way too far. What are they gonna do if little Simon draws an apple in kindergarten, call in SWAT?
In America? They'd just send the corporate sniper. Shit like using a trademarked image in school drawings is dangerous to the corporate hierarchy we live under. It's disrespectful, and little Simon's classmates need to be taught a valuable life-lesson. Fuck with the big boys? Die.
Re:Meh ... (Score:4, Funny)
What are they gonna do if little Simon draws an apple in kindergarten, call in SWAT?
See, this sort of wild exaggeration totally destroys what little credibility you might have with anyone here that's not already sitting at the idiot fringe.
It's quite obvious that Tim would just send little Simon to a Reeducation Camp.
Comment removed (Score:5, Insightful)
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I don't know, if they're going to argue in court that there may be legitimate confusion between the fruit sellers and their own product, then presumably the Fruit Union Suisse's trademark, as the more established mark, should take precedence and Apple should be forced to stop using anything Apple related when marketing in Switzerland.
So, in a sense, I am arguing that, anywhere Apple makes this argument, they should actually not have that trademark on their name. And I can't see a reasonable argument against it.
I think this is just some weird form of Alpha Male domination complex in some overzealous, hyper competitive asshole in Apple's legal department who just can't contain his insatiable urge to outcompete and dominate everybody at everything.
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It raises the question, did Fruit Union Suisse actually trademark their apple symbol?
Thinking of all the old fruit packers labels I've seen, probably not as who really thinks such a common symbol is trade-marketable.
I also used to think that common words couldn't be trademarked, Apple Records, Apple Computers, both specific and narrow, Apple, very common though varieties could be trademarked, though I do remember a fight between Apple Records and Apple Computers
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Send a cease-and-desist letter to his parents. Or, even better, send a bill.
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Know this: trademarks are scoped to specific industries. /for each industry/ segment, and there's a crap-load of them in the database.
Presumably, "50 cent" has the trademark as a musician in the music industry.
So a cashier saying 50 cents is not violating such trademark.
You have to file a trademark
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Yet there was a trademark fight between Apple Records and Apple Computers, which at the time were quite different industries.
Actually quite a history, https://en.wikipedia.org/wiki/... [wikipedia.org]
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That didn't stop Jack Daniels from successfully pursuing a trademark infringement case against the pet carpet shampoo Bad Spaniels...
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Yeah, but the shampoo people took it a little far. The whole thing was packaged in a nearly identical replica of a Jack Daniels bottle and label. They might have gotten away with it if they hadn't made it look that much like Jack Daniel's bottle.
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Rapper 50 Cent's has a trademark on the term "50 cent", sooooo ...... every time a cashier says "50 cents" they are infringing on his trademark?
This misunderstanding is why this article specifically is so surprising.
Trademarks do not work that way. "Marks" apply to a "trade". The entire reason this story is so outrages is that Apple is trying to implement your exact misunderstanding, but for real.
Rapper 50 cent only holds a mark in the trade of music.
Cashiers do not work in the industry of music during their cashier-ing. So no, they are not infringing.
It's the same with all of your examples. You word it as if those companies can control any and
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Trademarks do not work that way.
Good to have a comment from somebody with an understanding of Swiss trademark law, which is different from EU trademark law (since Switzerland is not part of the EU).
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Both US and Switzerland are signatories of the Nice treaty. [wikipedia.org]
Apple is run by morons.
They over-generalized their request, got rejected by the Swiss Institute of Intellectual Property and are now trying to sue/money their way out of their own stupidity.
They are basically trying to claim ownership of an image of "a realistic, black-and-white depiction of an apple variety known as the Granny Smith" including, but not limited to "audiovisual footage meant for television and other transmission" - i.e. any monochrom
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https://en.wikipedia.org/wiki/... [wikipedia.org]
What do you expect from a Chinese company (Score:1)
They are following the CCP's South China Sea playbook. Claim everything.
Apple continues its quest (Score:5, Informative)
To be the most evil corporation in history
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Nazi Incorporated (Metallica song playing in background)
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Apple will have to beat a long long list of evil corporations and maybe also quasi corporations like the GOP.
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To be the most evil corporation in history
Are you sure, because to me it seems like you're not even wrong?
Just out the top of my head:
Steven Donziger case [leftvoice.org]
tobacco and oil [scientificamerican.com]
tobacco industry [truthinitiative.org]
IBM and Holocaust [wikipedia.org]
Facebook and Rohingya genocide [amnesty.org]
Sony rootkit [wikipedia.org]
Fear not (Score:1)
Unlike the Americans, the Swiss are not idiots. Apple will come out of this with nothing but bad press.
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Unlike the Americans, the Swiss are not idiots*. Apple will come out of this with nothing but bad press.
*Citation needed.
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Unlike the Americans, the Swiss are not idiots*. Apple will come out of this with nothing but bad press.
*Citation needed.
Look no farther than the president Americans elected and the senator that PA residents elected. Idiots indeed...
I comment whether Americans were idiots, but asked for a citation that the Swiss /weren't/. ;-)
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The story doesn't mention the US at all, so the onus is on you to show that Apple has won such a trademark there.
On the other hand, the story (as quoted in TFS) DOES mention that Switzerland "partially granted Apple's request last fall"... which seems to work against your narrative.
Anyone up for some Counter-Strike? (Score:2)
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let's be reasonable here (Score:2)
Comparing apples to ... (Score:3)
They can both use the same symbol and no one is going to get things confused. One is an American tech company and one is a Swiss fruit union. It's like comparing apples to ... I can't think of the right metaphor ... :-)
This sounds like the plot of a movie where bored trademark lawyers bet to see if they can get this done -- for $1.
Gross overreach (Score:2)
I own Apple devices, have done since the 512KE
But I STRONGLY object to this, this is wrong in every way.
The 96% of the worlds population needs to tell the 4% (The USA) that they do NOT control the world.
Apple Corps Vs. Apple Computer (Score:1)
https://en.wikipedia.org/wiki/... [wikipedia.org]
CLS - Corporate Lawyer Syndrome (Score:2)
Reminds me of the time that a hole in the wall bodega in the Philippines owned by a woman named Sony was sued by Sony Corporation for selling sandwiches and soda pop in her neighborhood under her own name.
Macdonald's once unwisely tried to restrict the use of Macdonald's in Scotland, but The Macdonald, the head of the Macdonald clan, pointed out that he as clan head possessed the ownership right of the name Macdonald, but kindly offered to let Macdonald's to continue to use it.
Corporate lawyers look for rea
I hope they lose (Score:1)
I hope they lose, badly and can never use the word Apple or an image of apple again.
Apple lawyers have no memory. (Score:2)