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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.

I don't know if American judges would factor in the decisions Apple made in Germany, but there is no such obligation in German law.

I could just as well let the entire world 1 by 1 copy my logo and still sue some random person out of 1000 copy cats.
 
Just but a Bite (ot a K instead of a T ) on the leaf and you are all set, it would make the change enought :D

A Bike in the Apple ™

In the end Apfel Route is getting lots of free advertizement :D
 
being from a different market is no excuse to rip off someone's logo. and while this logo is ugly af, it is clearly inspired by the 
apples have been around longer than the computer company. people have been taking bites from apples longer than the company has been around. Apple and Apple Corps both agreed that as long as the computer company does not get into the music industry then they would be fine..oh wait none of that matters anymore. Apple sold music. Post 2007 apple broke the rule and all of a sudden found a judge to reinterpret the original agreement. This lawsuit has no merit. Apple will basically pay someone money out of public eye to redesign and make signs and it will all go away.
 
apples have been around longer than the computer company. people have been taking bites from apples longer than the company has been around. Apple and Apple Corps both agreed that as long as the computer company does not get into the music industry then they would be fine..oh wait none of that matters anymore. Apple sold music. Post 2007 apple broke the rule and all of a sudden found a judge to reinterpret the original agreement. This lawsuit has no merit. Apple will basically pay someone money out of public eye to redesign and make signs and it will all go away.

apples should sue apple!
 
MacRumors, they’re coming for you next ;)
They probably should be worried. Typically you only go after someone in your industry if it's not a very close match. But this is a government created bike path. What the hell. At least in the last case in Norway it was listed as being used in computer software. Maybe because this might be used in an app? It's stupid to think that any company can patent any use of an object or common word.

The Macrumor's logo is really terrible btw. You should fix it.
As a designer, I've always thought it was kinda clever how it works the question mark into the form of the Apple. Could it use an update? Probably, but it's not bad as it stands, IMO.
 
Other than the leaf, no similarities.

german trademark laws might disagree. and if there really is the same requirement to police as in the US, if Apple doesn't do this then when someone really blatantly rips them off they could lose that on the grounds that others violated their mark and they did nothing.
 
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Oops, I just rode my bike through 120km of fruit farms because I thought it was an Apple Inc. product.

The logo had me completely confused! :rolleyes:

Well, if it was cheap or free you should have known it was not an Apple product. :)
 
The only similarity here is that the both logo's artistically represent an apple. There is no bite out of the right side, it is missing due to the writing, and there is no curve on the underside of the Apple. In fact, looking at it again, the only similarity is the leaf.

Differences in a few specifics has little to do with it. Overall similarity is enough, if it can reasonably lead to confusion or false association.

In this particular instance, a reasonable person might think that Apple has some sort of association with this bike route - sponsorship, for example. Now, that might actually be beneficial to Apple in the short run, assuming it's a quality bike route.

However, it can also be used as a precedent against Apple. As others have noted, Apple's failure to assert its trademark rights in this case weakens Apple's position in other trademark cases. It's basically "defend it or lose it."
 
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being from a different market is no excuse to rip off someone's logo. and while this logo is ugly af, it is clearly inspired by the 
Live in your Fanboy World my friend. I'm sure all your associates think you are mega-smart for having Apple everything. Here in Germany we don't normally sue or start court cases to show how powerful we are. And in General, except for the Teenagers, we buy what works best for us, not what impresses our peers. It's called self-esteem; you can't buy it, you have to build it yourself.
 
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Not a good look for Apple to engage in such petty litigation, but what's the point in having a cadre of lawyers on retainer if you can't set them loose once in a while to intimidate the neighborhood?
It's about trademarks. You must defend your trademarks, or you can lose them.
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Live in your Fanboy World my friend. I'm sure all your associates think you are mega-smart for having Apple everything. Here in Germany we don't normally sue or start court cases to show how powerful we are. And in General, except for the Teenagers, we buy what works best for us, not what impresses our peers. It's called self-esteem; you can't buy it, you have to build it yourself.

I distinctly remember Der Spiegel suing some students for creating a school magazine that copied the Spiegel's distinctive design. Except it was in green, not red. They were still sued. It's not done to show how powerful you are, but to defend your trademarks. Not defending a trademark can cause you to lose it.
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I keep seeing the "you have to defend the trademark or you lose it" meme getting kicked around when stories like this crop up, but it would seem that you could accommodate that without lawyers armed with cease-and-desist letters. People are probably not going to confuse a biking path with a Macbook, so why not just offer them a perpetual license for $0 for "logo similarity rights" or something. You know, a way of defending your trademark rights without acting like a bully.

I'm not a lawyer.

You have that completely backwards. Licensing the logo, for any price, would be legally the worst thing Apple could do. What wouldn't be damaging _at all_ would be to send the worlds worst lawyer to the court and lose the case if the judge decides there is no similarity. Apple doesn't have to _win_ the case, they have to _defend_ their logo.
 
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As a designer, I've always thought it was kinda clever how it works the question mark into the form of the Apple. Could it use an update? Probably, but it's not bad as it stands, IMO.

Never realized that question mark before your post.
 
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right, and there is absolutely no similarity.

View attachment 834769

it is a leaf - the shape is of course similar due to the shape of leaves. that is the very typical way to draw leaves - right?

apples leaf it gray, it is thinner and the angle is different. the shape is not the same, both shapes are similar to leaves...


if some one is checking similarities, how about the logo of apple news?

https://i.imgur.com/qGtB6wp_d.jpg?maxwidth=640&shape=thumb&fidelity=medium
 
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If it's for something completely unrelated like this, and not so similar you're hard pressed to tell the difference side by side, there really should be no case...
 
Live in your Fanboy World my friend. I'm sure all your associates think you are mega-smart for having Apple everything. Here in Germany we don't normally sue or start court cases to show how powerful we are. And in General, except for the Teenagers, we buy what works best for us, not what impresses our peers. It's called self-esteem; you can't buy it, you have to build it yourself.

yes, in germany you normally start out by trying to offend people you know nothing about, because that's self-esteem)
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it is a leaf - the shape is of course similar due to the shape of leaves. that is the very typical way to draw leaves - right?

apples leaf it gray, it is thinner and the angle is different. the shape is not the same, both shapes are similar to leaves...


if some one is checking similarities, how about the logo of apple news?

https://i.imgur.com/qGtB6wp_d.jpg?maxwidth=640&shape=thumb&fidelity=medium

i think someone is forgetting the earth day logo! :))

yes, apple news logo is quite similar, i agree. i guess it's up to the other side to sue them!
 
This comes up from time to time. It invariably leads to someone pointing out the arrow in the FedEx logo... so that's that taken care of :)
Or the 31 in the BR "Baskin Robbins" logo. Or the bridge in the Cisco logo, etc. There are tons of them! I love it! My design professor would call them "visual winks" in class.
 
This is ridiculous, probably sometime in the future Apple will think they own the air we breath, and then they can charges us for it.
 
One also could regard it as the best marketing impact, the "Apfel-Route" could ever have got.
Did you know it before? Your answer will be "no".

Now it is known planetwide. Good move :D
They will settle that "dispute", just like the German Apfel-Kindergarten some time ago.
 
This is ridiculous, probably sometime in the future Apple will think they own the air we breath, and then they can charges us for it.

Not far in the future, apple watch is already teaching us to breath. Probably they already have a patent for a breathe provided only by us patent office.
 
I would think selling millions of devices, with that very logo on it, every month is a strong defense of the trademark, but I'm not a lawyer so maybe you're right.
A "defines" is telling someone "we don't want you to use our trademark". Showing that you sell millions of devices helps in court, but isn't "defending the trademark". Actually, having products for sale, even if nobody buys them, is enough.
 
apart from the leaf, i could have sworn something was different..

God for bid all my Apple t-shirts are infringed now. as i wear them out in public.
 
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