Apple Wins EU Challenge Over Keyboard Maker's Citrus Logo

[Henriok]

*****? This was completely unnecessary.

 

[Patriot24]

this is not the US but a EU challenge

There are still coexistence and acquiescence issues in the EU that mean companies like Apple must defend their IP. Again, this is way over the heads of most people commenting here. I'm going to wager that Apple's trademark attorneys know a bit more about it.

 

[HaHaRich!]

Is anyone going to confuse those two logos?

No, the court explicitly said no one is going to confuse the two. However, the court agreed with Apple that the keyboard company chose the logo because it will get people to think of Apple, and therefore profit off of Apple’s brand and trade marks, so they need to come up with a different logo that doesn’t profit off of the subliminal connection to Apple’s logo. Apple and all the other companies pay the EU to register its logos for protection like this. I’m sure the Chinese keyboard/mouse/solar panel manufacturer can come up with its own brand identity…once they figure out their product identity that is.

 

[axantas]

You have to be absolutely firm - it is some step-by-step "acceptance" of similarities. Once this other fruit thing is accepted and legal, the next one comes along with an ... refers to this case and is able to register a trademark even closer to the original.

Lawyers are very clever...

 

[HaHaRich!]

Lawyers are very clever...

It helps when they are also on payroll. Big corporations will hire outside counsel, but the IP folks are salary and have one job. It costs Apple no capital to lose in these little legal challenges, and the employees need to show they are earning that salary by showing year over year increases in filings and challenges. The accountants are also quite clever

 

[timber]

The court reasoning does seem quite sensible.
While the logos are clearly different, the orange is certainly riding on the back of the apple.

 

[Windoes]

So Apple basically have Trademark on every fruit leaf

 

[klasma]

Apple acknowledging that it’s a market for lemons.

 

[macrumors3131]

This is common practice among big brands. You have to hedge out against any kind of using even remotely similar looking logos. What happens is one company tries one similar logo as in this case, and the next thing you know there's a hundred other companies doing the same, and that would be harder to manage.

 

[erikkfi]

I'm confused. In the header image for this article you've simply put two Apple logos side by side.

 

[carestudio]

can any one remind me what happened exactly when microsoft copied Apple's windows GUI?

 

[JosephAW]

They must’ve used AI to determine that both logos are identical. 😵

 

[falainber]

Here come all of the people that don't know anything about trademark law to tell us how mean Apple is being.

To spell it out in basic terms, trademark laws (in the United States, in particular) dictate that you must attempt to protect your trademarks or lose the right to them. So, even if Apple doesn't care, they are compelled to file and litigate. Disney and others are often criticized in the same way, despite the fact that they are doing what the laws require.

My guess is that in more cases than not, they are simply doing what they have to do to maintain their trademarks. In other cases, they are offended and would litigate anyway.

Trademark laws definitely did not require Apple to litigate against this particular logo. Nor would they lose their own logo if they did not sue.

 

[Trusteft]

Did you even read my post?

Yes I did. But I don't think you saw the logo, or there is something else going on. Either way, good luck.

 

[Patriot24]

Trademark laws definitely did not require Apple to litigate against this particular logo. Nor would they lose their own logo if they did not sue.

ITT: People that do not understand that precedent is the bedrock of all legal proceedings.

Also, the EUIPO disagrees with all of you.

 

[Ja50n]

Is anyone going to confuse those two logos?

I once brought an HP laptop to a repair shop for a memory upgrade. The only Apple-y thing about this computer was the Apple sticker I’d placed over the HP logo. The repair technician told me they don’t service Macs. Yes, some people will also confuse these two logos if they are placed on similar products.

 

[Plutonius]

Is anyone going to confuse those two logos?

I think that you are giving all people too much credit.

You only need to look up the many computer technical support horror stories 🙂 .

 

[turbineseaplane]

They are both "logos" ... and that's about where the similarity ends.

 

[maxfromdenmark]

Is anyone going to confuse those two logos?

Only Rose from “Golden Girls” could be confused.

 

[AL2TEACH]

it largely decided in Apple's favor because of the strength of Apple's reputation in the EU and the potential for customers to "establish a mental 'link' between the signs."

The EU either got some kick back from Apple or the EU has a very low bar for customers mental capabilities. Guess, bears should sue people for the word bare.

 

[axantas]

can any one remind me what happened exactly when microsoft copied Apple's windows GUI?

We got a File Manager and a Program Manager residing in separate spaces, united on some graphical thing.

 

[axantas]

Only Rose from “Golden Girls” could be confused.

...but you know that temporary boyfriend of Rose who happened to be a sleazy Lawyer and used Roses confusing behaviour to get new business. 😆

 

[ProbablyDylan]

Not quite apples and oranges but pretty close!

 

[Vahn21]

Is anyone going to confuse those two logos?

Hell no they aren’t the way to different and I can’t believe how much heavy drugs EU does to let Apple win that one

 

[Infuspeur]

I did not see a similarity at first, until I noticed the leaf on the lemon. First, that’s ugly. Second, it really looks to serve only to make it similar to the Apple logo. Third, the logo would actually be nice without the leaf.
It looks a lot like there was a nice clean design at first, and at the last second some higher up decided to top it up with a leaf.