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[Update: Official Opposition Papers added] Whatcha Got There? A Smoothie - Apple legally opposes Meal Prep Companies' Fruit Logo

rcmaehl
By rcmaehl
in Tech News
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Posted
7 hours ago, Skipple said:

"We own fruit now."

They don't own fruit.com, so no reason for them to get their panties in a bunch. And if they do, they can order new ones from that site.

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Posted
6 hours ago, Arika S said:

to add onto this 

 

says the $1trillion company to a small start up.

 

 

image.png.1f26ec305a638619abd394424b6f3af3.png

 

there you go, Apple do actually think people are stupid. I don't think there's a soul on earth that would look at PrePear's logo and think "oh, is that Apple's logo? i didn't know they were doing food stuff now"

"right-angled leaf"

 

They are literally not even pointing in the same direction lmao. Someone needs to check eyesight of people throwing this dumb tantrum lawsuit XD

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Posted

Up next : "Apple goes after Unicode for having a fruit emoji"

~New~  BoomBerryPi project !  ~New~


new build log : http://linustechtips.com/main/topic/533392-build-log-the-scrap-simulator-x/?p=7078757 (5 screen flight sim for 620$ CAD)LTT Web Challenge is back ! go here  :  http://linustechtips.com/main/topic/448184-ltt-web-challenge-3-v21/#entry601004

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Posted

Apple has actually had to defend against this sort of thing in the past, and one of the things they won with was the direction (to the right) of the leaf.  That's why this is actually in the realm of having to file for protection of their own mark, even if it seems stupid to anybody with sense, and even if they most likely are completely fine with the judge saying it doesn't apply.

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Posted
1 hour ago, Damprol said:

Capitalism

Capitalism is about having the freedom to lose as well.

 

If Apple wins this lawsuit, it's only because the people have failed the system to elect competent representatives and educate an enlightened society. 

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Posted
42 minutes ago, StDragon said:

Capitalism is about having the freedom to lose as well.

 

If Apple wins this lawsuit, it's only because the people have failed the system to elect competent representatives and educate an enlightened society. 

If electoralism brought about tangible change we wouldn't be allowed to use it.

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Posted

Ha, if it was I, I'd just show up to court and have apple pay for the costs.  There is no way that they would win this case.  Like Mr Moose said, it's nuisance litigation, they just expect people to roll over, they don't even really care. 

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Posted
7 hours ago, justpoet said:

 That's why this is actually in the realm of having to file for protection of their own mark,

That's just another one of those myths someone made up and everyone believed.  A company does not have to defend every single case of trademark infringement.    Especially in a case like this where it is much easier to argue it is not an infringement.

 

https://www.dbllawyers.com/can-lose-trademark-rights-dont-sue-infringers/

 

Of the three ways a court can interpret trademark law, none of them would consider Apple to have abandoned their trademark for not suing prepear.  

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted

People seem to be forgetting pear computing and pineapple computing.  Pear was a hackintosh company. Pineapple was a pi laptop  manufacturer that failed on its own merits I think. Both won branding lawsuits with Apple.  Pear lost in a different arena. Such a lawsuit is actually legally required for brand protection statuate. If they didn’t file they could lose rights to their own logo.  The stupid was thinking such a thing wouldn’t happen.  This is why logos are so expensive.  It shouldn’t be a problem as long as they don’t sell computers.  Lawsuit was foreordained though.  “My nephew drew up this neat thing and I saved ten grand!” Never works out.

 

Funny story about amazon:  they started out as a book seller.  There was a bookstore in Minneapolis called “amazon books” lesbian literature.  Guess how much amazon paid for that little shop in Minneapolis?  It was more than ten grand.

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
16 minutes ago, Bombastinator said:

 Such a lawsuit is actually legally required for brand protection statuate. If they didn’t file they could lose rights to their own logo. 

Highly unlikely, in order to lose rights to your own trademark, you have to have not used it for 3 years or let it be used by enough other entities that it has become generic. allowing prepear to use what is obviously completely unrelated can be easily argued to have nothing to do with abandonment.

 

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted

I have been trying to think of a reason why apple would sue,  for the life of me the only reason I can think of that doesn't sound like a conspiracy is that the legal department have been quiet for a while and need to justify their existence to middle management.

 

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted
21 minutes ago, mr moose said:

Highly unlikely, in order to lose rights to your own trademark, you have to have not used it for 3 years or let it be used by enough other entities that it has become generic. allowing prepear to use what is obviously completely unrelated can be easily argued to have nothing to do with abandonment.

 

 

The Apple logo is more than a trademark though.  There’s use cases and all sorts of stuff. Practically speaking they’re unlikely to lose it.  Jello didn’t even though the name was much more diluted.  It was still bound to happen.  I would have been more surprised if it didn’t.  It’s not a court case yet anyway.  It seems Apple sent a letter and the owner freaked.  She probably just has to explain that she doesn’t sell computers or anything like computers.  Through a trademark lawyer.  There will be some sort of agreement where she agrees never to sell computers or something.  The problem for Apple arises when they don’t contest it and after she gets the thing uncontested Microsoft buys her or something and all of a sudden Apple has this giant problem.  This is what happens when people don’t go through a graphics company.  90% of the cost of a logo is research and insurance.

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
17 hours ago, zeusthemoose said:

Seriously Apple? Do they really think all fruit logos are theirs now?

Like you said, It’s not even a tech company! And they didn’t seem to care when Nickelodeon used pear products for tons of popular shows even though they were obviously mimicking Apple.

oh i guarantee they tried to litigate, but nickelodeon at the time probably had a big legal team to battle with. this little recipe app doesn't

Insanity is not the absence of sanity, but the willingness to ignore it for a purpose. Chaos is the result of this choice. I relish in both.

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7 minutes ago, Jtalk4456 said:

oh i guarantee they tried to litigate, but nickelodeon at the time probably had a big legal team to battle with. this little recipe app doesn't

Wait it’s an app?  That’s different than a catering company.  That’s software. Apple actually makes software. Yeah Apple would litigate that, and maybe win. On merit even, not “I’m bigger than you” Dumb dumb dumb. I pretty much guarantee that if Apple don’t an Apple competitor would have bought that company in a heartbeat for 20 times its market value and thrown away everything but the logo.


As for Nickelodeon they would have been covered under lampoon exemption.

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
Just now, Bombastinator said:

Wait it’s an app?  That’s different than a catering company.  That’s software. Apple actually makes software. Yeah Apple would litigate that, and maybe win.  Dumb dumb dumb. 


As for Nickelodeon they would have been covered under lampoon exemption.

they have more than an app, but part of their thing is a recipe organizing app. But there's tons of software creators, that doesn't mean Apple can just litigate and win, they don't have a monopoly on making software. Even more important their claim is that the logo is too similar, which is bogus, their not fighting about whether another company can make software, they're just saying that cuz it's a fruit with a leaf, it looks like apples logo. It's just stupidity. There is no reason besides money that Apple would win this, they don't own the right to all fruit logos

Insanity is not the absence of sanity, but the willingness to ignore it for a purpose. Chaos is the result of this choice. I relish in both.

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Posted
9 minutes ago, Jtalk4456 said:

they have more than an app, but part of their thing is a recipe organizing app. But there's tons of software creators, that doesn't mean Apple can just litigate and win, they don't have a monopoly on making software. Even more important their claim is that the logo is too similar, which is bogus, their not fighting about whether another company can make software, they're just saying that cuz it's a fruit with a leaf, it looks like apples logo. It's just stupidity. There is no reason besides money that Apple would win this, they don't own the right to all fruit logos

No they don’t.  But they DO have a monopoly on making software that has a logo on it that looks like an Apple.  That’s how trademark works.  There’s special language.  Different software and hardware companies have tried to run “Apple like” logos countless times over the last 40 years. Owner makes an agreement with Apple, changes the logo, or they’re boned. Different companies have tried all sorts of shit. All Apple is going to have to do in court is pull out the pear computing logo and it’s over.  This one isn’t even close.  If the owner got away with it their company would be worth 20 times what it is instantly. 

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
14 minutes ago, Bombastinator said:

The Apple logo is more than a trademark though.  There’s use cases and all sorts of stuff. Practically speaking they’re unlikely to lose it.  Jello didn’t even though the name was much more diluted.  It was still bound to happen.  I would have been more surprised if it didn’t.  It’s not a court case yet anyway.  It seems Apple sent a letter and the owner freaked.  She probably just has to explain that she doesn’t sell computers or anything like computers.  Through a trademark lawyer.  There will be some sort of agreement where she agrees never to sell computers or something.  The problem for Apple arises when they don’t contest it and after she gets the thing uncontested Microsoft buys her or something and all of a sudden Apple has this giant problem.  This is what happens when people don’t go through a graphics company.  90% of the cost of a logo is research and insurance.

I posted a link a few posts back explaining how it works and why this type of lawsuit is unnecessary.

 

Even if they don't contest it and MS did buy her, it does not weaken apples case if they then want to latter sue MS for using a TM with that acquisition.   TM defense only become hard if apple let their logo get used to the point it's meaning is diluted in the market (i.e no one associates it with their company anymore) or they don;t use the TM for 3 years.  Apple have done neither of those, and not contesting the pear logo does not constitute failing to defend their TM.  If a judge asked why apple did not contest the pear log in some future case apple can simply argue the pear looks nothing like an apple or that the food company does not compete with apple therefore it was not a contestable case.  Which is a much stronger argument for retaining ownership of your logo than pretending you have to sue everyone without reasoned application.

 

Also I posted a link to the wiki page for the apple corps versus Apple computer lawsuits.  Seeing how that played out when apple corps had legitimate claim to the logo from the onset should highlight the problem with apple suing small business from the onset,  If the beetles can't win it in the long run with a legitimate claim in courts then how is a small entity supposed to have even half a chance.

 

 

  

 

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted
1 hour ago, mr moose said:

I posted a link a few posts back explaining how it works and why this type of lawsuit is unnecessary.

 

Even if they don't contest it and MS did buy her, it does not weaken apples case if they then want to latter sue MS for using a TM with that acquisition.   TM defense only become hard if apple let their logo get used to the point it's meaning is diluted in the market (i.e no one associates it with their company anymore) or they don;t use the TM for 3 years.  Apple have done neither of those, and not contesting the pear logo does not constitute failing to defend their TM.  If a judge asked why apple did not contest the pear log in some future case apple can simply argue the pear looks nothing like an apple or that the food company does not compete with apple therefore it was not a contestable case.  Which is a much stronger argument for retaining ownership of your logo than pretending you have to sue everyone without reasoned application.

 

Also I posted a link to the wiki page for the apple corps versus Apple computer lawsuits.  Seeing how that played out when apple corps had legitimate claim to the logo from the onset should highlight the problem with apple suing small business from the onset,  If the beetles can't win it in the long run with a legitimate claim in courts then how is a small entity supposed to have even half a chance.

 

 

  

 

 

That lawsuit is probably part of WHY this is happening.  Apple records (as they are much more commonly known) did have a legitimate claim to the logo.... for making records.  If this was just a food company it probably wouldn’t be a thing.   The claims that it’s a food company are apparently horseshit though.  It’s primarily an app.    As to whether it constitutes not defending their trademark it seems Apple disagrees with you.  The thought that “Apple could just say that..” is silly.  They risk the app company from pointing out that they are primarily a software company (which apparently they are).  The whole it’s not necessary if Apple risks legal sepuku doesn’t make sense.  Have there been instances where Apple was overly aggressive with this kind of thing? Probably.  I’m not sure this is one of them though. 
 

I Am curious about the 5 year thing.  That’s a long while to leave the app up.  I wonder if maybe this is not the shell shock surprise that is being claimed. 

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
2 minutes ago, Bombastinator said:

That lawsuit is probably part of WHY this is happening.  Apple records (as they are much more commonly known) did have a legitimate claim to the logo.... for making records.  If this was just a food company it probably wouldn’t be a thing.   The claims that it’s a food company are apparently horseshit though.  It’s primarily an app.    As to whether it constitutes not defending their trademark it seems Apple disagrees with you.  The thought that “Apple could just say that..” is silly.  They risk the app company from pointing out that they are primarily a software company (which apparently they are).  The whole it’s not necessary if Apple risks legal sepuku doesn’t make sense.  Have there been instances where Apple was overly aggressive with this kind of thing? Probably.  I’m not sure this is one of them though. 
 

I Am curious about the 5 year thing.  That’s a long while to leave the app up.  I wonder if maybe this is not the shell shock surprise that is being claimed. 

 

Clearly apple disagrees with me, they disagree with the idea that this person has a pear for a logo. What matters though is the law on the subject.  The law does not say apple have to sue prepear in order to protect their logo,  the fact prepear is a software company also plays no bearing on the issue.  If prepear sold computers or phones and had a more apple like logo it would be an issue,  however as we understand it now, that is not the case.  Apart from being fruit their logo's and products bare no resemblance.

 

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted
24 minutes ago, mr moose said:

 

Clearly apple disagrees with me, they disagree with the idea that this person has a pear for a logo. What matters though is the law on the subject.  The law does not say apple have to sue prepear in order to protect their logo,  the fact prepear is a software company also plays no bearing on the issue.  If prepear sold computers or phones and had a more apple like logo it would be an issue,  however as we understand it now, that is not the case.  Apart from being fruit their logo's and products bare no resemblance.

 

 

Except that Apple also sells software.  As to the resemblance that one got decided with the pear computing lawsuit. As far as it being a pear goes that they can get away with, or at least companies have in the past.  
 

still wondering about this 5 year thing.  

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
16 minutes ago, Bombastinator said:

Except that Apple also sells software.  As to the resemblance that one got decided with the pear computing lawsuit. As far as it being a pear goes that they can get away with, or at least companies have in the past.  
 

still wondering about this 5 year thing.  

 

It's not enough to just sell software.  FL studio also sells software and has a fruit logo, apple haven't bothered to sue them yet.   The thing really comes down to either they genuinely think the logo is similar enough or their legal department are bored. 

 

What 5 year thing are you referring to?

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Posted
1 minute ago, mr moose said:

 

It's not enough to just sell software.  FL studio also sells software and has a fruit logo, apple haven't bothered to sue them yet.   The thing really comes down to either they genuinely think the logo is similar enough or their legal department are bored. 

 

What 5 year thing are you referring to?

 

Not familiar with the FL logo.  Does it also look just like a logo they sued over long ago?  
 

5 year thing was in the initial plea letter asking for petition signatures.  “After 5 years they..” or something like that. 

Not a pro, not even very good.  I’m just old and have time currently.  Assuming I know a lot about computers can be a mistake.

 

Life is like a bowl of chocolates: there are all these little crinkly paper cups everywhere.

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Posted
1 minute ago, Bombastinator said:

Not familiar with the FL logo.  Does it also look just like a logo they sued over long ago?  
 

5 year thing was in the initial plea letter asking for petition signatures.  “After 5 years they..” or something like that. 

https://www.image-line.com/flstudio/

 

or even fruitstand web design:

 

https://fruitstand.tech/

 

 

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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