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Original poster
Apr 12, 2001
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Apple is unhappy with the "Apple-Man" title that indie film director Vasyl Moskalenko is planning to use for a comedy film that's in development, with the Cupertino company opposing Moskalenko's "Apple-Man" trademark registration application. (via iPhone in Canada).

apple-man-film-trademark.jpg

Moskalenko in 2020 launched a successful Kickstarter project for "Apple-Man," an action comedy film that's about a part-human part-apple superhero who can levitate apples, and now that the film is in post-production, Apple is taking issue with the "Apple-Man" name. In a YouTube video, Moskalenko explains that Apple opposed the Apple-Man trademark and "initiated trial proceedings," sending him a 467-page document "full of lawyer terminology."


"My film has nothing to do with Apple corporation," Moskalenko says in the video. "I've never mentioned anything about MacBooks, iPhones, iPads and so on. Not a single word." Moskalenko says that his movie is about apples, "the fruits." Apple appears to be concerned that consumers will think "Apple-Man" is associated with or approved by Apple.

In an appeal to Apple, Moskalenko says that he has "nothing but respect" for the company, and that his film is in no way related to the iPhone, MacBooks, or other Apple products.
Dear Apple company, I understand that you want to protect your business and your product from any negative impact in any possible way, but under no circumstances do I have any intent to harm your brand with my movie. There are no negative associations or negative connotations with this production.

And I would be happy to forward you a final cut to judge for yourself. I'm not going to produce cell phones, computers, software, anything that might be deemed to conflict with your brand. I just want to make a comedy movie about a superhero with a super power that is related with everyone's favorite fruit.
Moskalenko says that he is "open to any negotiations" and hopes that he can reach an agreement with Apple. He also told iPhone in Canada that he is worried he'll have to spend his Kickstarter money on litigation.

Should his trademark registration be denied, Moskalenko is also concerned that Apple would be able to demand that the film is deleted following its release. "It actually looks like trademark bullying," he said to iPhone in Canada.

Apple has gotten involved in other major trademark disputes over designs that seem to have little relation to the company. Last year, Apple opposed the trademark of Prepear because the pear-shaped logo looked too much like Apple's own logo. Prepear and Apple were able to settle the issue after Prepear made small tweaks to the leaf design of the pear.

Article Link: Apple Targeting Indie Director Over 'Apple-Man' Film Title Trademark
 
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julesme

macrumors 6502a
Oct 14, 2016
538
1,934
San Jose
Copyright is not the same as trademark. He is free to name the movie whatever he wants in the United States, as there is typically no copyright protection for titles of books, movies, etc.

On the other hand, trademarks are strictly enforced, and if he tries to register a trademark, then Apple (the computer company) has every right to defend their own trademark to the extent that there is any potential conflict, which seems highly unlikely in this case.

Broadly speaking, it's not clear why he needs a trademark at all. The lack of a trademark will not prevent him from releasing a film, book, etc...
 
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jer

macrumors newbie
Nov 26, 2003
12
29
This is standard trademark protection behavior. If he had not filed a trademark I doubt he would have heard from them. They aren't trying to stop the film they are just protecting the Apple mark. As someone above said, part of the responsibility of owning a trademark is defending it. If you don't defend it you lose it.
 

Solomani

macrumors 601
Sep 25, 2012
4,351
9,477
Slapfish, North Carolina
Atleast he is being honest about it. I honestly think it's not worth fighting over it.

Yup. He's making a movie about apples the fruit just like the one that Eve ett because the snekky devil tempted her, and then made Adam ett it too ebil woman which of course led to their oldest son killing the younger son or maybe it was the other way around but in the end it led to human sin, violence, greed, murder, porn, capital gains tax, and world war 4 which eventually Apple the Company needs to realize it was NEVER about them.... well except for the evil and greed part
 

jer

macrumors newbie
Nov 26, 2003
12
29
Screw Apple if name your company after a common thing like a fruit, it doesn't give the right to now tell the world how they can use the name of the fruit. Bottom line the company with more money than god is just looking for some free media coverage, by whining about this.

This is missing the point. They are not saying he can not use the name of the fruit. They are not saying he can't release the movie. They are taking issue with the fact he is trying to get a trademark for "Apple-Man". I don't know what categories he applied the trademark for (does anyone know?), but this may have something to do with it also.
 

sw1tcher

macrumors 68040
Jan 6, 2004
3,109
7,003
"My film has nothing to do with Apple corporation," Moskalenko says in the video. "I've never mentioned anything about MacBooks, iPhones, iPads and so on. Not a single word." Moskalenko says that his movie is about apples, "the fruits." Apple appears to be concerned that consumers will think "Apple-Man" is associated with or approved by Apple.

Waiting to see when Apple will threaten Kellogg's over Apple Jacks

Screen Shot 2022-01-31 at 6.03.17 PM.png
 

Minxy

macrumors 6502
Nov 17, 2012
307
343
Apple inc doesn’t get to own the word ‘Apple’ or prevent it being used in business. This guy does not even use a single word it’s Apple MAN. This is an open and short case but justice can be won with hard cash in the USA.
 

Minxy

macrumors 6502
Nov 17, 2012
307
343
This is missing the point. They are not saying he can not use the name of the fruit. They are not saying he can't release the movie. They are taking issue with the fact he is trying to get a trademark for "Apple-Man". I don't know what categories he applied the trademark for (does anyone know?), but this may have something to do with it also.
Apple doesn’t get to prevent the word apple ever being used in a trademark.
 
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