Apple Computer in a pickle....
Monday, September 15, 2003 by No75 | Discussion: WinCustomize Talk
Well Apple is in a world of trouble looks like..Even heard on news that if the lawsuit gets really big, Apple could lose rights to the Apple name...hmmmm..Wonder what they'd call themselves... 
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koop
Reply #22 Friday, September 19, 2003 7:58 AM
Reply #22 Friday, September 19, 2003 7:58 AM
Without go too far into a discussion of copyright and trademark, Apple Computer agreed in contract not to do something and then went ahead and did it. To me, the case is open and shut.
joetheblow
Reply #23 Friday, September 19, 2003 3:16 PM
true.
although I do not understand why they made that deal in the first place,
apple computers
apple corps
???
so if I sld apples and called my store the apple store, apple corps will sue me?
please...
Reply #23 Friday, September 19, 2003 3:16 PM
| #22 by Scribe koop - 9/19/2003 7:58:50 AM Without go too far into a discussion of copyright and trademark, Apple Computer agreed in contract not to do something and then went ahead and did it. To me, the case is open and shut. |
true.
although I do not understand why they made that deal in the first place,
apple computers
apple corps
???
so if I sld apples and called my store the apple store, apple corps will sue me?
please...
sig101
Reply #24 Friday, September 19, 2003 5:00 PM
Reply #24 Friday, September 19, 2003 5:00 PM
Well Jobs himself said he got the name "Apple" from the Beatles' company so arguably (at least a lawyer would) Jobs was using Apple's name and trying to benefit from the name recognition factor and perhaps confuse people into thinking there was an association where there was none. Apple records was much more well known then than perhaps now, so a case could and apparently was successfully made.
BUT if YOU sell actual apples it should not be an infringement of TM to call yourself The Apple Store, simply descriptive of the actual product: real apples grown on apple trees, which well preceded the creation of either of the other companies and their products. Neither Apple Corps or Apple Computers sells actual apples so there would be no confusion or conflict over the product (apples) being sold or the manufacturer. There is no market overlap and no trading on a known name in the same field for market advantage or consumer recognition. So you can have an apple store because you really do sell apples whereas the other Apples don't.
(At least so far I think that's the case. Sometimes this trademark stuff goes into outer space when it comes to logic and common sense. I've seen where newer national companies evidently have won suits against older small regional businesses over the use of a "trademarked" name. Regardless of who came first and thus used the name first. It does get a bit much.)
HOWEVER, if one subscribes to Genesis, God probably could sue the pants off both Apples and win (without any special interventions either, lol) for using his/her copyrighted name/creation without his/her permission. Perhaps someone could take up a class action on his/her behalf? (Do I sense a movie here? Or at least a South Park episode?
)
BUT if YOU sell actual apples it should not be an infringement of TM to call yourself The Apple Store, simply descriptive of the actual product: real apples grown on apple trees, which well preceded the creation of either of the other companies and their products. Neither Apple Corps or Apple Computers sells actual apples so there would be no confusion or conflict over the product (apples) being sold or the manufacturer. There is no market overlap and no trading on a known name in the same field for market advantage or consumer recognition. So you can have an apple store because you really do sell apples whereas the other Apples don't.
(At least so far I think that's the case. Sometimes this trademark stuff goes into outer space when it comes to logic and common sense. I've seen where newer national companies evidently have won suits against older small regional businesses over the use of a "trademarked" name. Regardless of who came first and thus used the name first. It does get a bit much.)
HOWEVER, if one subscribes to Genesis, God probably could sue the pants off both Apples and win (without any special interventions either, lol) for using his/her copyrighted name/creation without his/her permission. Perhaps someone could take up a class action on his/her behalf? (Do I sense a movie here? Or at least a South Park episode?
)
Jafo
Reply #25 Friday, September 19, 2003 5:04 PM
Reply #25 Friday, September 19, 2003 5:04 PM
The music label....Apple [Beatles] came first....then the egotistical Computer company wanted to own the word but found there was a prior use.....bitched and moaned and agreed to 'let' the Beatle label exist...though in reality the agreement was for neither enterprise to infringe on the other's 'world'. Apple [the Mac] crossed the line, voilated parole and are in the poo......tough titties for them....
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Reply #21 Thursday, September 18, 2003 8:26 PM