Slashdot Mirror
Apple Threatens Bistro Over "AppleADay" Name
itwbennett writes "In today's edition of David v. Goliath, Apple lawyers have sent cease and desist letters to a tiny health food restaurant in Luxembourg named AppleADay. For their part, the owners of AppleADay, with help from a lawerly friend, have promised that they would continue to sell only food, not computers. Of course, Apple knows as well as anyone that promises are made to be broken, having famously promised Apple Corps, the Beatles' production company, they would never get into the music business."
...to iAppleADay
#naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
I mean, NOBODY is going to confuse them for the Apple Store. This is just petty.
Apple sues Mother Nature for making a fruit with the same name.
What do I know, I'm just an idiot, right?
when lawyers have too much time on their hands.
"Computer science is no more about computers than astronomy is about telescopes." - Edsger Dijkstra
Because if not, it should be.
Apple lawyers contact a farmer in Texas about his infringement for having "Apples" on his inventory when they have exclusive distribution rights.
In related news, Apple contacted the Indian government about possible product dilution of their Siri software. Although even Apple had to admit that a Sari wasn't exactly the same pronounciation, they requested that the garment be renamed to something that wouldn't be so close to stave off any possible trouble down the line.
Thanks for watching, enjoy the movie...
Moved to http://soylentnews.org/. You are invited to join us too!
Maybe they're just pissed that someone is referring to the reliability and longevity of their PowerPC and Performa lines from back in the day...
At least they didn't name the restaurant "Road Apples"...
Do not look into laser with remaining eye.
iDontGiveAShit
First, this story is months old and dates back to late August. Second, contrary to the headline, they're not threatening over the "AppleADay" name but the logo.
Third, as is pointed out every time an incident like this occurs, trademark owners have to take no chances and must enforce perceived violations or risk losing their right to it. There is always the risk that a court somewhere in the world might cite the lack of action in some particular case. But, since it's a "David v. Goliath" article, as the summary put it, it's an excellent story to submit to Slashdot and rile up the natives.
Steve took Apple with him. Yes, I am serious.
I despise (the company) Apple in every sense of the word.
They are slowly turning in to huge IP trolls.
I mean, damn it, THEY LIED IN COURT AND STILL GOT AWAY WITH IT. WHY DID THAT EVEN HAPPEN?
WHY IS IT STILL HAPPENING? APPLE LIED, PLAIN AND SIMPLE.
This is not only retarded, but a step too far.
I hope the judge forces Apple to pay up. Hopefully they aren't as retarded as the ones who awarded Apple the win against Samsung for using a BASIC SHAPE and ONLY POSSIBLE LOOK EVER.
When you register a trademark, you have to select which class(es) of service the goods or services your company sells should cover. This seems to imply to me that a trademark only covers those classes of service, so unless Apple Inc registered their trademark for selling actual fruit, I don't understand how this works under the law. Why even have classes of service if company's are going to claim trademark infringement willy nilly on any classes of service, even ones they don't offer?
Green Grocers should sue Apple as they could be easily confused with a fruit company. Something horticultural anyway as they seem to be producing an awesome amount of fertiliser atm.
Apple was trademarkable because it was being applied to computers and other consumer electronics and not to a business selling fruits. This is the basis for the Trademark being distinct and being granted a registration. The interesting legal question: having once been granted this Trademark on this determination and established a brand following. Can such a Trademark now be used as an offensive tool against a company which sells fruits or their close relative food using the theory of dilution of the mark. Dilution of a mark was a crazy idea in 1920s. Now it's the law.
I'm a bit confused, I thought trademark law were pretty cut and dry when it came to names. That as long as the products or businesses are in different markets, there can not be a case.
Maybe someone should advise Apple that being seen as a bully is not very fashionable.
A feeling of having made the same mistake before: Deja Foobar
You never know, that small business in Luxemburg just might transform itself to the largest corporation in the world. I think Apple is just hedging it bets on this one.
Linux O Muerte!
Orchard owners instructed to cut down apple trees.
Overcoatsuppliers feel the breeze.
Hi-Fi manufacturers silenced.
removes tongue from cheek
Perhaps the New Management (iManage?) worry that Jobs will come back to haunt them if they don't continue to act like assholes?
Keep on buying those new iShiny devices. Because supporting evil companies is a fine thing to do and has no social ramifications whatsoever.
so why has apple not sued apple orchards and picking places as well?
Orignal story dates from the 5th of may (6 month old stories now Slashdot, really ?) There was a flurry of news reporting and no updates since then, not even on their Facebook page where the restaurant gleefully displayed its new found notoriety. So I'm guessing it turned out to be very much a non-story played up for advertising value.
If all else fails, immortality can always be assured by spectacular error.
Maybe executions for the losing party (and their lawyers) in any frivolous lawsuit will fix the problem. With the additional requirement that the wealthier party has to spend as little on lawyers as the poorest party involved.
The spirit of Steve Jobs lives on.
"Stratigraphically the origin of agriculture and thermonuclear destruction will appear essentially simultaneous" -- Lee
And by "new," I mean "going on 4 years now." The motto is apparently "yesterday's news today."
...but if there's any truth to the argument, here must be some reason--perhaps something to do with local laws in Luxembourg--that is motivating Apple to do this. A simple search on Google shows that there are dozens of businesses even here in the states named "Apple A Day [something]", and unless Apple is planning on suing them, this random lawsuit makes little enough sense that there must be something that we're not aware of.
It's happened before, though. Some time back, I remember reading an article about a restaurant run by a woman whose first name was Sony (probably short for something, but that's what she'd gone by her whole life), which restaurant was named "Sony's". I think it was in San Jose, California. Anyway, they were sued by the Japanese consumer electronics mega corp. I don't know how it turned out. Who knows? Maybe the real reason they were being sued was because they were playing music from the Sony catalog without paying royalties. Probably not, though, as I think that ASCAP are the ones that go after those things.
Point being, I'm intrigued and would love to see more of the actual facts, since I can't think of a single good reason that Apple would even consider providing such wonderful flame bait for their detractors. Also: I can't wait to see the NMA adaptation of this.
My guess: Steve Jobs once had a bad coffee at the place, and his will included them as a target for retribution along with 600 other companies against which he had an un-settled grudge at the time of his passing. Insane? Yes. But at least it would be internally consistent.
The CB App. What's your 20?
I thought Jobs "thought different" and Apple should be worshiped!
Democracy Now! - your daily, uncensored, corporate-free
Apple doesn't own an apple trademark, it licenses a 2D multi-colored graphical apple with a bite taken out of it for its logo. Apples have been growing on trees for how many eons? Apple actually infringed on a well known source of vitamin C that humans and animals have been growing and harvesting since the earth was inhabitable. They took that name without asking me for one. When it all comes down to it, I'm siding with an apple I can actually eat. Good luck with that (in Luxemburg) No, just kidding.. Good luck to the eatery (bistro).
Seems like that's another journalist who needs to take geography classes... first he talks about a company from Luxemburg, then he says it's located in Belgium... quite a difference !
I thought Jobs "thought different" and Apple should be worshiped!
Apple, Inc. (formerly Apple Computer) is not thinking much different from most idiotic practices of idiotic companies.
I expect, as the article doesn't delve into anything much presently going on, from the Apple, Inc., end there may have been a "whoa, there, pard!" issued from Cupertino to the feisty lawyers. Crush a hapless little bistro and you may find riots in front of Apple Stores across Europe - not the kind of "ooo, shiny!" they're going for.
A feeling of having made the same mistake before: Deja Foobar
There's serious talk now of them manufacturing a TV. Now if they do, they'll be entering a market dominated by the very competitor it just tried to stifle using its infamous "round corners" look and feel argument, and it even bullied a few weaker governments into banning their products - of course this competitor being Samsung. Now, lets think this through a moment - Apple want to make TV's. So, lets hope they make something other than a large 42" thin black rectangle which shows TV pictures, because that's exactly what Samsung have been making for years. Or if they do, what are the chances of those same governments applying their look and feel logic as before?
Apple sauce? Can't have that... too close to Apple Source Code.
Apple tart? Too easily confused with Apple Smart Cover.
Apple seed? Too close to Apple I.D.s
Apple Pie? Too close to Apple Ipad.
What about just an Apple please? See you in court Granny Smith!
Apple's arrogance knows no bounds. They begin to think that they own everything apple. How long before you need a license from them to have an apple tree in your back yard? Especially McIntosh apples?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
How Microsoft-y of them
I'm sure that a lot of Apple fans have gone to AppleADay.com hoping to subscribe to a service that would sell them a new iThing every day just so they could be sure to always have the latest and greatest.
But then he made a boatload off his confusion.
It appears to me that this whole thing is just another attempt to get you all riled up about big bad Goliath...
TFA is incredibly weak, lacking any sort of details...
Consider that the restaurant may have been using a different logo earlier?
I just sent this story to someone and got this reply:
They are piece of shit assholes
Sent from my iPhone
Tired of FB/Google censorship? Visit UNCENSORED!
Apple's promise wasn't broken -- it was re-negotiated.
Seeing the supposedly infringing logo, I understand:
It looks nothing like the Apple Computer logo, but IT LOOKS BETTER!
Apple wants it.
Maybe it's just me but since Jobs died I've perceived a more rational attitude towards Apple, maybe the Reality Distortion Field is down, hopefully forever.
Of course the phrase "Apple a day" has been in the public domain and "dates from 19th century Wales" according to wikipedia....
The submitter, who works for itworld, sent a link to slashdot with an itworld article that has no source material nor citations of where the story was sourced. The only actual journalism that anyone has done on this appears to come from:
http://www.wort.lu/wort/web/en/luxembourg/articles/2011/05/149560/index.php
This is the link that should have been posted. Seriously, it took me less than a minute to vet this.
There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
Is it Belgium or Luxemburg? Or the Belgian province also called Luxemburg?
I just bought 5 apples at the grocery store, does that mean I now have to license them before I eat them for fear of being sued?
TFA says Apple threatened to sue. How? Letter, phone call, an undercover thug off the street? If true, screw Apple (computer), but maybe a source would be helpful than just some article saying "Hey, Bob threatens to pee on my carpet."
Vote monkeys into Congress. They are cheaper and more trustworthy.
... on the same fruity business: http://www.bonkersworld.net/eating-fruit/
iAssholes. I would love to see a judge order Apple to pay a couple billion dollars to this company for the frivolous action. OTOH, AppleADay can't help but be hugely grateful for the free publicity, especially since there's about 0% chance they'll lose. Hell, they might have done that on purpose, HOPING iAssholes Corp would come after them.
Apple paid Apple Corps over half a billion dollars for the ability to get into the music business.
So AppleADay can follow the "promises are made to be broken" idea such as Apple Computer did, as long as they have enough money to settle with Apple Computer over what they did.
Do you think AppleADay has a half a billion dollars to throw around?
http://lkml.org/lkml/2005/8/20/95
From wiki, and other places I'm sure.
In Latin, the words for "apple" and for "evil" are similar (mlum "an apple", mlum "an evil, a misfortune").
Should apple threaten all the apple growers all around the world as well? It is quite possible they use apple images in their boxes and it is therefore possible that some retard will think they are full of iWank devices. And what about mother nature? Mother nature is using the logo without paying any royalties to apple . Outrageous!!!!!
and their soup is made out of soylent green.
An Apple A day only keeps the doctor away
We get crap like this.. Apple lega Must want to avoid layoffs and need to justify there existance
I was curious to see how Apple the mac company handled its promise to no get involved in music.
And Google for Apple and Music.
So, naturally one of the first links went to www.apple.com/itunes/
Bad enough, but when I went there, the first image I see is an image of The Beatles' album Abbey Road!
Jobs' Apple is mocking Beatles' Apple.
Jobs' Apple is repulsive.
Had I been a lawyer for Apple, the music company, http://en.wikipedia.org/wiki/Apple_Corps founded in 1986, of world wide fame I would have sued them for breach of contract and demanded a fee for each and every item ever sold using an Apple logo.
Jobs' Apple is as repulsive as Microsoft.
I'd shove an ipad up their asshole, except they'd enjoy it
There is absolutely no possibility of confusion between a restaurant / cafe called appleaday and manufacturer of consumer electronics called Apple. None. There is no trademark infringement here. Neither company competes within the domain of the other. Consumers aren't going to confuse the two. It doesn't dilute Apple's brand. If this went to court it would be dismissed almost immediately which suggests that Apple are just being assholes, vigorously threatening any business containing the word Apple even if their threats are entirely baseless.
I can see this now....
Stop here if you are weak of mind/sanity, reading this may cause brain damage and/or mental harm...welcome to my nightmare.(with apologies to Alice Cooper)
To continue...
Note:
1. materials required for this mental exercise:
a) 1 each hogshead of bleach.
b) 1 each pump/transfer device to move working quantities of aforementioned bleach to smaller, handier 'work' container that is suitable for dipping bottle/test tube brushes into.
c) minimum of 1,000 of aforementioned bottle/test tube brushes...100,000 recommended.
d) [optional] bib, HAZMAT suit, or other bleach-resistant protective gear.
2. Instructions (read me file)
a) transfer 'practical' volume of bleach to the 'handy 'working container" [recommended: 1 Qt. or liter, with the ability to repeatedly 'dunk' the brush into]
b) grasp a brush, dip the bristles (fully) into the bleach 'working' container.
c) insert brush fully(to the grasping fingers) into right ear, then plunge in and out, using 'full-length strokes', repeatedly, for 15 seconds.
d) discard brush in an approved manor ["Biological Waste" is recommended in the USA], and grasp a new brush...repeat "c)" above, then d) [this step] at LEAST 1,000 repetitions.
e) check results, repeat as necessary until desired results are achieved.
[Disclaimer: "Danger, Will Robinson, danger!"]
The next 'hit' TV show in the USA:
*TV announcer voice* "Tonight on 'Dancing with the Laywers', we welcome our guest judges, Apple's legal team, and our host, [Smart]Alecks Saskatchewan"
Audience: (suspiciously, all dressed in Black Turtlenecks) : wild applesauce
Host: "Tonight, we have Apple's legal team judging the competition, and our first challenger, Johnny Appleseed!"
Audience: *starts heating tar, and gathering feathers, as Johnny runs onto stage... pandemonium erupts*"Heretic!" "Blasphemer!" "Infidel!" "Un-believer!" "He's a witch!"
Alecks: "Johnny Appleseed, is that REALLY your name?"
Johnny: "Yeah, it kinda' runs in the family."
Alecks: *looking bemused, hands Johnny a large jar of Vaseline* "Man, you are SOOOOOO fsck'ed! Good luck with that."
*cut to commercial*
Announcer: "And now, a word from our sponsors, 'Roto Rooter', the cutting edge of anal probes....wholeheartedly endorsed by the TSA, DHS, ICE, FBI, CIA, and numerous other 'No Such Agency' types, not to mention countless Alien Incursion groups, universe wide!" *gruesome alien anal probe/TSA security checkpoint commercial plays...scene fades away to the credits after watching Johnny getting ass-probed/sodomized by the judges for the next 18 minutes....stretched into 30 minute viewing slot...with numerous commercial breaks*
You were warned!
Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
BREAKING NEWS: School kids have now been handed court papers for chanting the age old saying "An Apple a day will keep the doctor away" Apple claims this chant is confusing those morons which might overhear them and they may or may not buy more Apple product.....Stay tuned for more at 11.
I usually am more of a reader than a commenter, but, I guess I must have had a short night sleep, because I'm bitting the hook.
At least, chances of getting read are slim when your comment is the 250th.
So here goes :
Apple is way out of line, by a hundred friggin' miles...
They should just be happy that "Mother Nature" didn't sue their asses in the first place for naming their product after one of her fruits.
But seriously...
Look at the logo, the name, the color, the font used for that restaurant...
Does it even remind you of some kind of AppStore?
NOT EVEN CLOSE !
F*ck you Apple... You don't even deserve my coin.
I'm switching my kids to Android phones and will continue to close our "corporate IT doors" to your products.
I hope your friggin' "GESTAPO model" flunks sooner than later.
Did you read the other story about "sandboxing for Mac apps" ?
I had enough...
I eat apples, apple pies, apples in my cereal with cinnamon...
Are you going to sue me or my food?
Get a life.
They can't do that. It's been clearly established for a long time that the food is not related to the company. And the restaurant's name is obviously based off a phrase off the food. Nobody will think about the company Apple when they see that name.
Dumbest lawsuit I've seen on here yet.
I am not devoid of humor.
Sturm APPteilung has been deployed.
I am in big trouble.
Fork fucks sake. Put it to rest already! This is what they agreed on:
"Apple Computer held the right to use Apple on “goods or services...used to reproduce, run, play or otherwise deliver such content”, but not on content distributed on physical media.[5] In other words, Apple Computer agreed that it would not package, sell or distribute physical music materials."
Apple has never sold music on physical media.
Apple doesn't have any problems w/ this chain?
A lawsuit on apple farmers?