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Apple Believes This German Cycling Path Logo Infringes on Its Own Logo

Because of the following sound logic, I take no issue with this. I'm sure they will not follow through on any further action beyond the filing, but it needs to go on record that they recognize the importance of their own logo in the marketplace.

While it may sound unfair that a company as large as Apple is going after a small German tourist agency's cycling path logo, keep in mind that companies have an obligation to police and enforce their trademarks, as failure to do so could be viewed as abandonment, possibly resulting in the loss of trademark rights.
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alexandr said:
sure, that makes sense. and - yes, that is exactly right. "clearly the logo is breaking copyright law" - "clearly the logo is not breaking copyright law". wouldn't be the first time.
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Trademark law, not copyright... there's a huge difference.

The whole premise of a trademark is about protecting your brand in the product categories in which you conduct commerce.
Basically the goods and services offered must also be sufficiently related to even begin the dispute process.

Under U.S. trademark law, the following is a key component of a dispute.
Source
"To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks."
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Similar to the U.S., under German trademark law,
infringement of a famous or well-known trademark can be established based not only on the identity of the relevant signs and associated goods or services and a likelihood of confusion, but also on the grounds that the younger sign – without due cause – takes unfair advantage of or is detrimental to the distinctive character or reputation of the earlier well-known or famous trademark.
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In this case, Apple doesn't compete in the same market and the marks are distinctly and notably different.
Looks like Apples' lawyers just like to blow money for the hell of it.



Seriously... anyone read their website?
This has zero to do with anything Apple is associated with.
Just Apple being jerks.

http://www.apfelroute.nrw/
Translated...
GO CYCLING
... ALWAYS AFTER THE APPLE
The Rhenish apple route leads to 120 km through the largest fruit and vegetable growing region in North Rhine-Westphalia: past numerous fruit farms, through apple and cherry orchards with the mountains of the Eifel on the horizon to the Rhine. From the spring blossom in spring to the asparagus and strawberry harvest in summer to the apple harvest in autumn, you can feel the importance of agriculture for the region and the landscape on the Rhenish apple route. In addition to the main route, which connects all six municipalities, there is the opportunity to get to know the towns and communities on short loops.
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Last edited:
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rjohnstone said:
Trademark law, not copyright... there's a huge difference.

The whole premise of a trademark is about protecting your brand in the product categories in which you conduct commerce.
Basically the goods and services offered must also be sufficiently related to even begin the dispute process.

Under U.S. trademark law, the following is a key component of a dispute.
Source

Similar to the U.S., under German trademark law,

In this case, Apple doesn't compete in the same market and the marks are distinctly and notably different.
Looks like Apples' lawyers just like to blow money for the hell of it.



Seriously... anyone read their website?
This has zero to do with anything Apple is associated with.
Just Apple being jerks.

http://www.apfelroute.nrw/
Translated...
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thank you for clarifying! appreciate it. and they are saying that they are always after the apple! i think that's cause for a whole different lawsuit!
 
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rjohnstone said:
Trademark law, not copyright... there's a huge difference.

The whole premise of a trademark is about protecting your brand in the product categories in which you conduct commerce.
Basically the goods and services offered must also be sufficiently related to even begin the dispute process.

Under U.S. trademark law, the following is a key component of a dispute.
Source

Similar to the U.S., under German trademark law,

In this case, Apple doesn't compete in the same market and the marks are distinctly and notably different.
Looks like Apples' lawyers just like to blow money for the hell of it.



Seriously... anyone read their website?
This has zero to do with anything Apple is associated with.
Just Apple being jerks.

http://www.apfelroute.nrw/
Translated...
Click to expand...

Have you read the scope of the ApfelRoute trademark registration? As much as you think you understand the business of these two companies, you don't know what domains they are staking claim over. It doesn't matter what ApfelRoutee are doing right now, it matters what categories they registered their trademark for. Just like that case with the German cafe a while back, it appeared ridiculous until you read that the cafe tried to register their Apple trademark not just for a chain of cafes, but also for other products like electronic devices. In that case, it appears Apple backed off when the scope of the application was narrowed.
 
mw360 said:
Have you read the scope of the ApfelRoute trademark registration? As much as you think you understand the business of these two companies, you don't know what domains they are staking claim over. It doesn't matter what ApfelRoutee are doing right now, it matters what categories they registered their trademark for. Just like that case with the German cafe a while back, it appeared ridiculous until you read that the cafe tried to register their Apple trademark not just for a chain of cafes, but also for other products like electronic devices. In that case, it appears Apple backed off when the scope of the application was narrowed.
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Yes, and they agreed with Apple on narrowing the scope of the trademark.
The issue here is in regards to the logo.
Apple wants them to change it.

Translated... https://www.general-anzeiger-bonn.d...ein-Voreifel-Touristik-an-article4096842.html
Apple had filed an appeal with the DPMA at the end of February against the Apple Route mark. Currently, the out of court settlement between Apple and the RVT is running. The RVT wants to limit its trademark application in order to continue using the logo. Therefore, the application was supplemented by the following disclaimer: "the aforementioned services exclusively with reference to a bicycle path through the apple cultivation region Rhein-Voreifel". In return, the US company should withdraw the opposition. On GA request, Apple has not commented on the case.

The sheet on their logo does not want to change the RVT. The RVT now costs lawyers in the low four-digit range, as Konrath estimates. Money that the club has to pay for itself. The EU funds, which primarily finance the project "Apple Route", can not be used for this purpose. The project Apfelroute is a cooperation project of the six communities on the left bank of the Rhein-Sieg-Kreis and the RVT in order to promote the region as an agricultural area and holiday destination.
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You ain’t seen nothing yet... Just wait until their legal department figure out that there is an ongoing world-wide mass fabrication of products that infringes one certain emoji design of theirs.

I’ll get my coat.
 
I'm really tired of the complaints about this stuff. If you DON'T file this time, you're likely to lose a case next time. It's not whether they win; it's that they are defensive. It sucks, but that's how the law works.

But the headlines are clickbait.
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ManualFocusRing said:
If you needed anymore proof that Apple is run by megalomaniacs, this lawsuit should push you over the edge.
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See? This sort of stuff. If you don't like the way the law works, change the law.

 
Marco Klobas said:
Just a quick made proposal:
MacRumors.png
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It looks good but doesn't look like a tech site. Maybe it's just cause I've been browsing politics too much, but it looks like that kind of site.
 
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