7 ms·

Was puzzling they didn't include an image of said logo[1]. IIRC I've observed this for some other articles in the past covering trademark disputes. Is there a c

Was puzzling they didn't include an image of said logo[1]. IIRC I've observed this for some other articles in the past covering trademark disputes. Is there a common reason they might do this? [1] https://www.swissfruit.ch/wp-content/uploads/2021/10/sov_news_neues_ci_cd-scaled.jpg https://www.swissfruit.ch/wp-content/uploads/2021/10/sov_new...

deleted 3y ago
[deleted]
paxys 3y ago
Probably scared they would be sued by Apple
colejohnson66 3y ago
Trademarks, unlike copyright, are "use and protect it or lose it". There's no "expiry" date on them like copyrighted things have because brands sometimes live for over a hundred years. Letting someone take your companies name and logo just because you're "too old" isn't fair. This is because trademarks, unlike copyright, aren't about science and innovation; they're about preventing consumer confusion. Not protecting your trademarks can cause them to become "genericized". Wikipedia has a list of many that you've probably heard of and had no idea they were once trademarked.[0] Some lawyer at Apple probably caught wind of this Swedish company and took action. It's really that simple. [0]: https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks https://en.wikipedia.org/wiki/List_of_generic_and_genericize...
- another2another 3y ago
  >Some lawyer at Apple probably caught wind of this Swedish company and took action. SWISS company.
- lm28469 3y ago
  We're talking about "apple" though, Apple the company didn't invent the word "apple" nor the shape of the fruit
- sweettea 3y ago
  So what you're saying is that Apple is infringing on this Swiss company's trademark and must be forced to change their logo before logos with apples are irreversibly associated with Apple instead of the Swiss company?
  - CivBase 3y ago
    No kidding. I'd love to see the bigger company loose their logo in one of these petty trademark disputes someday.
    - TRiG_Ireland 3y ago
      It happened when McDonalds tried to trademark Mc in the European Union. They lost out to Irish company Supermacs.
      - mcv 3y ago
        Sadly they're still called McDonalds here.
        rdlw 3y ago
        Losing a trademark just means that it's not protected, and anyone can use it. Burger King Sweden was directly making fun of the Big Mac in their menu for a while after this case, since they could do it legally.
      - rdlw 3y ago
        This is not what happened, they had the trademark for "Big Mac". They took Supermac's to court because their name was too similar, and ended up losing the trademark. For a while Burger King Sweden was selling burgers using the name, apparently the "Anything But a Big Mac", "Burger Big Mac Wished it Was", etc.
- DoItToMe81 3y ago
  The way you describe it is a myth. Half of the 'genericized' products were done so as a concession of WW1 or the company willfully choosing something overly generic for royalties or poor circumstances (flip phone, videotape, respectively). The rest expired, were caught in disputes with other companies, or occurred before expansions of copyright law. You'll notice the rest of the page is legally protected trademarks that have NOT expired, despite common and generic use by individuals. Hoover did not lose their brand, nor Kleenex.
- jagged-chisel 3y ago
  Trademarks are limited to the trades (i.e. 'goods& services') listed in the trademark application. Apple, Inc doesn't sell apples. Nor do they have apple farms. Visit USPTO's TESS and search for serial number 87628828. The "Goods and Services" field contains no mention of fruit, farms, or produce. You must diligently protect your trademark against uses by others in similar markets. I would hope that protecting your computing business against apple farmers would get you, at a minimum, a frown and a "no" from a judge or the enforcing agency.
  - colejohnson66 3y ago
    That is true. That argument also got Apple Records off Apple's back in the old days; they weren't in the music business (until they did with iTunes and were sued again). I think the lawyers are being too ambitious with this lawsuit, and will lose, but my comment was just clarifying why lawyers would bring such a case.
    - tough 3y ago
      Lawyers get paid regardless of the outcome. Is on their best interest to bring as many frivolous loosing lawsuits as Apple is willing to pay for.
      - NikkiA 3y ago
        Corporate lawyers also get paid whether they file lawsuits or not, so no, it's not really in their interests to file frivolous lawsuits.
        pnt12 3y ago
        People keep themselves busy (or soon they're out of their job). When there's no high or medium priority studs to do, people move to the low priority and do it, even if useless.
    - tpmoney 3y ago
      There’s no lawsuit though. The article is literally about an application for trademark registration Apple filed in 2017 and a now subsequent appeal of the specific portions of that application which were denied and a hypothetical by an interested third party that too broad a grant might cause conflict in the future.
- Springtime 3y ago
  I was just meaning if there was a reason why articles exclude the logos in question but I suppose this reply generated its own comment chain :p
- technothrasher 3y ago
  > There's no "expiry" date on them like copyrighted things Federal trademarks expire after 10 years and you have to renew them or lose them.
- tpmoney 3y ago
  >Some lawyer at Apple probably caught wind of this Swedish company and took action. It's really that simple. It's not even that. There's no action being taken here other than Apple appealing the provisional denial of a trademark registration for the Apple Records logo in the trade domain of music and related multi media. The Swiss government approved one of two logos, and Apple is trying to get the other approved. That's it. No "action" against any Swiss companies. Every bit of the article talking about Apple conflicting with the fruit union is 100% hypothetical speculation.
woobar 3y ago
Here is the logo they used before 2011. [1] Not sure what inspired the new one. [1] https://photos5.appleinsider.com/gallery/54990-111552-001-previous-logo-xl.jpg https://photos5.appleinsider.com/gallery/54990-111552-001-pr...

deleted 3y ago

[deleted]

paxys 3y ago

Probably scared they would be sued by Apple

colejohnson66 3y ago

Trademarks, unlike copyright, are "use and protect it or lose it". There's no "expiry" date on them like copyrighted things have because brands sometimes live for over a hundred years. Letting someone take your companies name and logo just because you're "too old" isn't fair. This is because trademarks, unlike copyright, aren't about science and innovation; they're about preventing consumer confusion. Not protecting your trademarks can cause them to become "genericized". Wikipedia has a list of many that you've probably heard of and had no idea they were once trademarked.[0] Some lawyer at Apple probably caught wind of this Swedish company and took action. It's really that simple. [0]: https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks https://en.wikipedia.org/wiki/List_of_generic_and_genericize...

another2another 3y ago
>Some lawyer at Apple probably caught wind of this Swedish company and took action. SWISS company.
lm28469 3y ago
We're talking about "apple" though, Apple the company didn't invent the word "apple" nor the shape of the fruit
sweettea 3y ago
So what you're saying is that Apple is infringing on this Swiss company's trademark and must be forced to change their logo before logos with apples are irreversibly associated with Apple instead of the Swiss company?
- CivBase 3y ago
  No kidding. I'd love to see the bigger company loose their logo in one of these petty trademark disputes someday.
  - TRiG_Ireland 3y ago
    It happened when McDonalds tried to trademark Mc in the European Union. They lost out to Irish company Supermacs.
    - mcv 3y ago
      Sadly they're still called McDonalds here.
      - rdlw 3y ago
        Losing a trademark just means that it's not protected, and anyone can use it. Burger King Sweden was directly making fun of the Big Mac in their menu for a while after this case, since they could do it legally.
    - rdlw 3y ago
      This is not what happened, they had the trademark for "Big Mac". They took Supermac's to court because their name was too similar, and ended up losing the trademark. For a while Burger King Sweden was selling burgers using the name, apparently the "Anything But a Big Mac", "Burger Big Mac Wished it Was", etc.
DoItToMe81 3y ago
The way you describe it is a myth. Half of the 'genericized' products were done so as a concession of WW1 or the company willfully choosing something overly generic for royalties or poor circumstances (flip phone, videotape, respectively). The rest expired, were caught in disputes with other companies, or occurred before expansions of copyright law. You'll notice the rest of the page is legally protected trademarks that have NOT expired, despite common and generic use by individuals. Hoover did not lose their brand, nor Kleenex.
jagged-chisel 3y ago
Trademarks are limited to the trades (i.e. 'goods& services') listed in the trademark application. Apple, Inc doesn't sell apples. Nor do they have apple farms. Visit USPTO's TESS and search for serial number 87628828. The "Goods and Services" field contains no mention of fruit, farms, or produce. You must diligently protect your trademark against uses by others in similar markets. I would hope that protecting your computing business against apple farmers would get you, at a minimum, a frown and a "no" from a judge or the enforcing agency.
- colejohnson66 3y ago
  That is true. That argument also got Apple Records off Apple's back in the old days; they weren't in the music business (until they did with iTunes and were sued again). I think the lawyers are being too ambitious with this lawsuit, and will lose, but my comment was just clarifying why lawyers would bring such a case.
  - tough 3y ago
    Lawyers get paid regardless of the outcome. Is on their best interest to bring as many frivolous loosing lawsuits as Apple is willing to pay for.
    - NikkiA 3y ago
      Corporate lawyers also get paid whether they file lawsuits or not, so no, it's not really in their interests to file frivolous lawsuits.
      - pnt12 3y ago
        People keep themselves busy (or soon they're out of their job). When there's no high or medium priority studs to do, people move to the low priority and do it, even if useless.
  - tpmoney 3y ago
    There’s no lawsuit though. The article is literally about an application for trademark registration Apple filed in 2017 and a now subsequent appeal of the specific portions of that application which were denied and a hypothetical by an interested third party that too broad a grant might cause conflict in the future.
Springtime 3y ago
I was just meaning if there was a reason why articles exclude the logos in question but I suppose this reply generated its own comment chain :p
technothrasher 3y ago
> There's no "expiry" date on them like copyrighted things Federal trademarks expire after 10 years and you have to renew them or lose them.
tpmoney 3y ago
>Some lawyer at Apple probably caught wind of this Swedish company and took action. It's really that simple. It's not even that. There's no action being taken here other than Apple appealing the provisional denial of a trademark registration for the Apple Records logo in the trade domain of music and related multi media. The Swiss government approved one of two logos, and Apple is trying to get the other approved. That's it. No "action" against any Swiss companies. Every bit of the article talking about Apple conflicting with the fruit union is 100% hypothetical speculation.

woobar 3y ago

Here is the logo they used before 2011. [1] Not sure what inspired the new one. [1] https://photos5.appleinsider.com/gallery/54990-111552-001-previous-logo-xl.jpg https://photos5.appleinsider.com/gallery/54990-111552-001-pr...