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Prepear Changes Pear Logo to Settle Trademark Dispute With Apple
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So Apple has trademark rights over a basic leaf shape now? Stupid.
Highlights the stupidity of IP laws in the US. If you think you are infringed, you have to go after the party or you lose your rights to your own material. Dumb. But not as dumb as being able to patent common sense uses of technology and collecting fees or getting awards from lawsuits for someone actually using a technology that exists. whatever happened to the good Bush's tort reforms?
We have to eliminate all pear trees from growing, especially if Apple decides to enter the pear juice market. Or maybe genetically change how pears look when they're growing. It would probably be easier than the whole pear industry going bankrupt.
Apple Pears are delicious, but it's clearly a Chinese effort to capitalize on the Apple brand, even though they were from the gold rush days. Or maybe, the Apple growers should form a coalition because Apples grew before computers!
I'm surprised that Qualcomm hasn't gone after the most delicious apple yet, the snapdragon. The NY apple industry was like, people love mobile phones, and people love apples. It's a no brainer for the Apple growers, but maybe they should have been microchip apples (but then, Apple makes the M1 now) or just yummy, crispy NY apples. Why get lost in litigation when you can just change the name of your fruit?
All these examples are really problematic and threaten intellectual property. I can't take it, and neither should any company with that much money and name recognition. Someone could end up buying a fruit instead of a computer or something!
Also, I tried to eat my mbp the other day because I thought it was a macintosh apple, and I broke half my teeth. Who can I sue to fix that?!
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Whenever Apple doing this ****. I feel ashamed to use their products.
The fact that you are using words, similar words to ones I have used in the past makes me want to sue you for each infraction!
i was at Wholefoods yesterday and spotted a many fruits with leaves.. picked out a couple thinking those were apples, but end up being tangerines.
I've seen this arguments on here before. I don't know about how it is in the USA (though it would seem bizarre if it differed significantly to the UK) but certainly over here that's NOT how trademark law works. At all.
The entire point here is that, in reality, neither the original or modified pear logo DOES infringe Appe's trademark. They didn't have to 'object' to it in the first place in order to keep their trademark. That's just nonsense and not the law. If it had looked very similar then by all means make a case for Apple to object, BUT IT'S NOT. That's the point.
Are you sure? As I understand it, if you know a mark infringes and don't take action after five (?) years you lose the right to stop the someone from using it. It would seem under UK law you need to defend it or risk the ability to stop someone from using an infringing mark.
Whether it was or not was infringinging was never decided since they settled; Apple objected on the grounds they felt it was too close to their trademark. Settling without a decision makes sense because then neither side risks losing, and Apple can show they defend their trademarks.
Haha no. We’re still together. He’s extremely nitpicky about stuff like that but otherwise he’s a great partner so I can’t complain a whole lot. 🥰
I just love the Pear supporters here. If Apple was being sued over something petty they would cheer it. But it’s Apple that is complaining and the Pear lovers are calling foul in defense of this poor little small company as if the size of a company gives them the right to copy another company’s logo design simply because said company is a giant. A Big Nope!
Yeah, like mama bear protecting her cubs against a vaguely bear-shaped shrubbery.
In this particular case, they also got a ton of free publicity, so maybe they’ll be better in the end. But makes you think about how many times giant companies pull off crap like this going unnoticed.
In a perfect world, Apple would always look out for the little guys but we don't live in that world which is why we have laws and courts. If this was a battle really worth fighting, it would go all the way but no parties were willing to go further.
Everything sets precedent. That's how history and the law works. Even if the law and judges say differently, it's impossible for it to not affect their rulings.
That is not at all how the law works. First, not every jurisdiction is based on precedent (some are based on the napoleonic system). Second, precedent only applies in certain situations. The ruling of the trademark office does not set precedent for a court. The ruling of one court does not set precedent for another court except under certain situations (superior court in the same jurisdiction, sister courts in same circuit, etc).
If you are going to make statements that are amenable to fact-checking, I suggest you learn about the topics first.