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Apple Targeting Indie Director Over 'Apple-Man' Film Title Trademark

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Minxy said:
Apple doesn’t get to prevent the word apple ever being used in a trademark.
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It's actually not that simple (in some cases they CAN and WILL prevent the word Apple being used in a trademark). But I give up, this is too complicated an issue for this kind of forum. I personally don't think this makes Apple evil or anything other than doing regular corporate due diligence but to each their own ✌️
 
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Reactions: usagora, JKAussieSkater, amorenog and 5 others
US trademark has pretty clear rules on trademark eligibility and it doesn't work the same as the patent system.

The law does not permit words like "apple" from being used in their natural context. So an apple farm cannot trademark the word "apple". The fruit computer company gets away with their trademark because it is an "arbitrary" application of the word (in a completely different industry) even though the word existed before the invention of computers. Let's hope they don't expand into the fruit growing business or they could lose their trademark!

Here, we have a movie that supposedly has to do with lower-case apples. Apple, the fruit computer company who also is increasingly in the entertainment industry, is probably concerned about the movie title creating "consumer confusion". On one hand this feels like trademark trolling, on the other hand this could be a publicity stunt or a campaign to be compensated for changing titles.
 
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Reactions: amorenog, amartinez1660 and szw-mapple fan
I highly doubt Apple has any awareness at a high level, maybe some internal attorney but the third party law firm that is disputing this is notorious for trademark bullying and generally gets their way. chances are its being disputed because of the classifications used in the USPTO filing, since its computer related yeah he's gonna have a tough time with the Apple word mark anywhere in the title. may have to adjust the classification or abandon the mark...which could either work in his favor because Apple is already a protected mark so he may be able to release his film or whatever he plans to do...just won't have trademark rights to it...but then no-one else will so its a proxy sort of thing. he should quit talking to them and find a good attorney to reach a deal.
 
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ThirteenXIII said:
I highly doubt Apple has any awareness at a high level, maybe some internal attorney but the third party law firm that is disputing this is notorious for trademark bullying and generally gets their way. chances are its being disputed because of the classifications used in the USPTO filing, since its computer related yeah he's gonna have a tough time with the Apple word mark anywhere in the title. may have to adjust the classification or abandon the mark...which could either work in his favor because Apple is already a protected mark so he may be able to release his film or whatever he plans to do...just won't have trademark rights to it...but then no-one else will so its a proxy sort of thing. he should quit talking to them and find a good attorney to reach a deal.
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Sounds like the most reasonable explanation. I doubt they’re fuming over it at Apple. Just a stupid potential lawsuit but I get why it’s a problem.
 
mariusignorello said:
Sounds like the most reasonable explanation. I doubt they’re fuming over it at Apple. Just a stupid potential lawsuit but I get why it’s a problem.
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actually depending on their asks, it may be economical for him to talk directly to them and reach a settlement, save some attorney fees. but seeing this thing happen before in other industries generally its a touch match
 
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Out of all the fruits he could have chosen, he just happened to choose the one associated with the biggest and most recognisable corporation in the world. :D

Back to the drawing board buddy! Try a pear or grapefruit for your re-edit.
 
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dumastudetto said:
Out of all the fruits he could have chosen, he just happened to choose the one associated with the biggest and most recognisable corporation in the world. :D

Back to the drawing board buddy! Try a pear or grapefruit for your re-edit.
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haha pear ..
"Apple decided to take legal action against a company called Prepear in August 2020 because the company has a pear-shaped logo, which Apple claims is very similar to its own logo — although Prepear has nothing to do with technology"
 
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Reactions: PC_tech and MrTangent
You'd think a company of Apple's scale and influence would have had the foresight to trademark the term "Apple-man" or any variants thereof long ago.?
 
alien3dx said:
"He live in ukraine"->My name is Vasyl Moskalenko. I am a film-director from Ukraine.
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what does that have to do with anything? a lot of foreign entities have trademarks filed in the US and vice versa, apple has plenty of foreign trademarks in other countries as well.

myscrnnm said:
You'd think a company of Apple's scale and influence would have had the foresight to trademark the term "Apple-man" or any variants thereof long ago.?
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doesn't quite work that way...what product or service do they have that has Apple-Man? trademarks require actual use in commerce. what theyre doing it protecting their trademark from dilution, you can't file trademark for services or products you dont have in commerce...but doesn't mean you can't protect it...depending on your business and the classes.
 
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Reactions: szw-mapple fan, alien3dx and You’re not me
Apple may win if they use precedence from the historic case from last year were an indie filmmaker had to change the name of their film to "Really Small Cushion Man." Apple isn't the only tech giant protection trademarks, it seems.
 
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Apple needs to turn this into a PR win, but they probably won't. Free advice, in case everyone is missing it:

-Apple should buy the rights to this and put it on Apple TV+ and re-name it whatever they want. This way, everyone wins.

Call it "Orchard Man" or whatever.

Instead, Apple here comes off looking like a bully. They should fire their entire legal department for embarrassing the company.
 
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Reactions: turbineseaplane, Wildkraut, amartinez1660 and 1 other person
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