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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."

45 of 301 comments (clear)

  1. They should change their name by Megane · · Score: 5, Funny

    ...to iAppleADay

    --
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    1. Re:They should change their name by Dragon+Bait · · Score: 2

      AppleRGay

      And then they could use a rainbow apple for a logo ...

  2. Why are they such assholes? by AngryDeuce · · Score: 4, Insightful

    I mean, NOBODY is going to confuse them for the Apple Store. This is just petty.

    1. Re:Why are they such assholes? by X0563511 · · Score: 2

      Better watch out, I hear your local grocery store has hundreds if not thousands of violators out back...

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:Why are they such assholes? by msobkow · · Score: 2

      New York better watch out for an infringement lawsuit, too. :p

      --
      I do not fail; I succeed at finding out what does not work.
    3. Re:Why are they such assholes? by Nadaka · · Score: 4, Informative

      Trademark lawyer, not patent lawyer.

    4. Re:Why are they such assholes? by erroneus · · Score: 2

      I know... and you're not going to hear too many apple fans backing this action up either. I happen to know the saying "an apple a day keeps the doctor away" (the saying this shops derives its name) predates the birth of both of Apple's original creators... possibly by more than 100 years. The lawyers who signed their names to any papers associated with this frivolous and aggressive C&D need to have their credentials reviewed.

      I think it is more than reasonable to presume that somewhere along the line, they are more than aware of the history of this common saying and could never in good faith believe this to be an infringement of any kind against the Apple trademark.

      What's more, I think it's about time someone pulled a "Lindows" and filed to have Apple's trademark revoked. It wouldn't be hard to argue that Apple is a "common word" and cannot be trademarked. They seriously need to eat the shit they serve up.

    5. Re:Why are they such assholes? by haruchai · · Score: 5, Insightful

      Just because Steve Jobs is dead doesn't mean Apple is all out of assholes.

      --
      Pain is merely failure leaving the body
    6. Re:Why are they such assholes? by bonch · · Score: 5, Insightful

      This is a trademark issue, not a patent issue. Trademark owners have to defend it or risk losing it.

      That, of course, won't stop the Slashdotters from freaking out over nothing. Notice the article was submitted by the ITWorld author who wrote it. He knew exactly what he was doing and how this readership would react. It's all about page views. This story isn't even new; it dates back to late August.

    7. Re:Why are they such assholes? by Anonymous Coward · · Score: 4, Informative

      They're not "assholes." They have to exert effort in defending their trademark or risk losing it.

      This is not true in this context. They only have to defend it where relevant. Going after a tiny health food restaurant is not, unless Apple have plans to enter into that market.

    8. Re:Why are they such assholes? by TheGratefulNet · · Score: 2

      "apple: an asshole a day ruins computing in every way"

      go ahead apple, sue my ass. you can have all my savings, all $103.53 worth.

      --

      --
      "It is now safe to switch off your computer."
    9. Re:Why are they such assholes? by king+neckbeard · · Score: 5, Insightful

      Yes, trademarks must be defended, but this is not an instance of that because Apple's trademark doesn't cover bistros.

      --
      This is my signature. There are many like it, but this one is mine.
    10. Re:Why are they such assholes? by wmbetts · · Score: 2

      Wouldn't you only have to defend it in the same industry the trademark is registered in? Unless Apple has a registered trademark in the food service industry (or whatever it's classified as) I can't see how the would risk loosing their trademark. By this logic they need to sue AppleBees as well.

      --
      "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
    11. Re:Why are they such assholes? by mcneely.mike · · Score: 3, Funny

      They need to sue each and every individual apple in the world, and the apple trees too, and get a promise from said apple trees that they will no longer grow said apples, or even miniature apples, from now on to be called Apps(tm).

      --
      soylentnews.org Go there to enjoy the people!
    12. Re:Why are they such assholes? by englishknnigits · · Score: 4, Informative

      Apple already sued New York them over their recycling program which featured a logo that had an apple in it. Apple lost.

    13. Re:Why are they such assholes? by icebraining · · Score: 3, Informative

      Windows® wasn't revoked. And they only feared that because "Windows" was a common word in the domain. "Apple" in the computing domain isn't.

      Besides, Apple was already sued because of their trademark.

    14. Re:Why are they such assholes? by caitsith01 · · Score: 2

      This is a trademark issue, not a patent issue. Trademark owners have to defend it or risk losing it.

      Total BS.

      If you have a trademark over "Apple" in the context of computers/music, you DO NOT have to sue a restaurant with the word "Apple" somewhere in its name to protect it.

      --
      Read Pynchon.
    15. Re:Why are they such assholes? by jo_ham · · Score: 2

      It depends on how the other business files their trademark. Yes, it's obvious they are not a computer maker, but if they file for their trademark to cover all trade areas then that's when Apple can say "wait, you'll infringe if you are in the computer area".

      The same thing happened a couple of years ago with Woolworth Australia I think, or someone like that, as a grocery store with an apple for a logo who filed a broad trademark covering many business areas.

      There's nothing to stop you starting a restaurant called "Apple restaurant" and filing a trademark that covers you in the food industry. If you file broadly and Apple doesn't respond to the part that covers the sections they already cover then it weakens Apple's future defence of their trademark in that area. The idea of "you must defend your trademark or risk losing it" is to prevent trademark squatting (unless you're willing to spend all the money necessary to defend a bunch of trademarks that you *may* use one day).

    16. Re:Why are they such assholes? by Culture20 · · Score: 2

      There is an actual store named "The Apple Store" in a city with an Apple "Apple Store". It sells apples, and has for a quarter of a century. I have heard about people using google maps bringing their macs to "The Apple Store" for genius help and being politely redirected to the Apple "Apple Store".

    17. Re:Why are they such assholes? by PopeRatzo · · Score: 3, Insightful

      Any man who is under 30, and is not a liberal, has no heart; and any man who is over 30, and is not a conservative, has no brains."

      That old saw doesn't get any smarter with age.

      Personally, I got a lot more radical and left-leaning after I retired in 2007, because with the pressure to have to go out and earn a living every day lifted from me at age 50, I could really view the system more objectively. I wasn't afraid any more the way working people in America are required to be afraid. I realized just how much most people who work for a living and yet call themselves "conservatives" are suffering from the same disorder that keeps a battered woman married to, and even sticking up for, her abuser.

      I hope you live long enough and gain enough perspective to see it the way I've seen it.

      --
      You are welcome on my lawn.
    18. Re:Why are they such assholes? by F.Ultra · · Score: 2

      They only risk loosing it if they don't defend the trademark when there is something that looks like a violation, it doesn't mean that one has to chase down everyone using Apple in the name. This is just silly.

    19. Re:Why are they such assholes? by Penguinisto · · Score: 2, Insightful

      Personally, I got a lot more radical and left-leaning after I retired in 2007, because with the pressure to have to go out and earn a living every day lifted from me at age 50, I could really view the system more objectively..

      Don't know how to say it without sounding trollish, but honestly, I daresay that you've only swapped your old fears for new ones, and the new ones happen to be left-leaning.

      Now, instead of worrying about a job, you have to worry about healthcare (as older folks tend to be far more frequent consumers of it). It also comes up that any means to avoid having to pay outrageous amounts to get that healthcare (even if the government pays it on your behalf) is probably going to sound a lot more appealing to you now that, if you're looking down the barrel of geriatric and long-term care, you likely will be in a decade or two, and you most likely know it. Other considerations, such as Social Security and most other AARP talking points, are going to be ones that you can now sympathize with... and most of them tend to lean leftward in their stances.

      Besides, you also made the mistake of generalizing those who work. Some among us are entrepreneurs and/or otherwise own our own businesses. Where is the fear and abuse that they see? Their only real fears involve exactly two: lack of sales and excess of governmental intrusion (taxes, regulation, laws, etc). Are you saying that these folks also "required to be afraid" of the same things that most other conservatives fear?

      I can also make one more argument: Those who are younger and working are more confident in their ability to be independent. OTOH, folks who are older and retired are less confident, to the point of knowing that someday, dependency on others for their care will be something that they have to deal with, and not everyone has kids who will happily take them in once they reach the point of non-independence. This tends to introduce yet another fear, and one far more visceral and personal than merely being over-taxed or over-regulated. That fear usually tends to want someone, anyone, and everyone to jump in and care for you as you age.

      Not saying it's perfectly your case or anything, but I am saying that retirement doesn;t necessarily mean that you've suddenly become an objective judge of the world. It only trades old fears for new ones.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    20. Re:Why are they such assholes? by Dunbal · · Score: 2

      Then they are doing it wrong. Everyone knows you put your bakery section in the front. There's nothing like walking into a store and being greeted by the smell of fresh bread.

      --
      Seven puppies were harmed during the making of this post.
    21. Re:Why are they such assholes? by PopeRatzo · · Score: 4, Insightful

      Now, instead of worrying about a job, you have to worry about healthcare

      No, I can afford healthcare. My worry is about health not health care.

      Other considerations, such as Social Security and most other AARP talking points, are going to be ones that you can now sympathize with

      Not yet. I'm still more than a decade away from those things. I won't need Social Security to live unless there is a catastrophe of such magnitude that Social Security wouldn't matter anyway.

      OTOH, folks who are older and retired are less confident, to the point of knowing that someday, dependency on others for their care will be something that they have to deal with

      You think you won't get old and infirm? I study and teach Chinese martial arts. My teacher is 87 and has such an optimistic view of his own life that he just planted plum trees in his yard, despite the fact that they won't bear fruit for 10-15 years. Now that's a worldview I emulate.

      I am saying that retirement doesn;t necessarily mean that you've suddenly become an objective judge of the world. It only trades old fears for new ones.

      My only fear is for my daughter's future, and that, friend, is something that focuses one's attention on current affairs like nothing else. I never worried much about politics or economics while I was working. I was too busy making a living. There is a reason why in most cultures, older people are respected and their opinions are sought. Now in my mid-50s, I'm sort of too old to be young and too young to be old. But I've got energy, literacy, and the time to pay attention.

      Now, having said all that, there's no fool like an old fool, so I try to remember that I'm usually full of shit.

      --
      You are welcome on my lawn.
    22. Re:Why are they such assholes? by Anonymous Coward · · Score: 2, Informative

      Trademarks also have areas of applicability. I seriously doubt Apple's trademarks are applicable to groceries or produce.

    23. Re:Why are they such assholes? by niktemadur · · Score: 2

      Any man who is under 30, and is not a liberal, has no heart; and any man who is over 30, and is not a conservative, has no brains."

      Funny how rote, meaningless phrases tend to stick around for so long... well, maybe because they serve to substitute actual thought, justifying certain points of view.

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    24. Re:Why are they such assholes? by Suhas · · Score: 3, Insightful

      Any poster, who posts tired old cliches and witty untruths to try and support a falsehood is an asshat and an idiot.
      FTFY

    25. Re:Why are they such assholes? by Internetuser1248 · · Score: 3, Funny

      "Quotation confesses inferiority"
      -Ralph Waldo Emerson

    26. Re:Why are they such assholes? by Dragon+Bait · · Score: 2

      And in addition to the fact that they have paid their dues,

      Notice that the grandparent post states that he retired at 50 so he probably contributed taxes for less than 30 years and meaningful taxes for less than 15. Given that he's already made it to 54, he'll probably live to 80. You cannot expect to work for only 30 years out of 80 and expect other people to finance you for the other 50. So of course he migrated to the left. He wants to make sure that the government trough he's eating out of stays well stocked.

      US existed before social security and medicare and that we came up with those programs for a reason.

      Nice binary world you live in -- the choice between the current economically unsustainable spending or going back to absolutely no safety net.

  3. This just in! by JustAnotherIdiot · · Score: 5, Funny

    Apple sues Mother Nature for making a fruit with the same name.

    --
    What do I know, I'm just an idiot, right?
    1. Re:This just in! by Pf0tzenpfritz · · Score: 2

      We could rename them to "liberty pears"...

      --
      Oh, the beautiful gloss of greality!
  4. Is AppleHole a word yet? by glowimperial · · Score: 5, Funny

    Because if not, it should be.

  5. They have to by bonch · · Score: 5, Informative

    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.

    1. Re:They have to by Zancarius · · Score: 5, Insightful

      To my untrained eye, I have a hard time seeing how they could sue over the logo. It looks nothing like the Apple Computer, Inc. logo! I realize your intentions were to attempt to absolve Apple of wrongdoing, but I think that link has succeeded in helping me decide that this suit is/was even more petty than I gleaned from TFA.

      Yes, there's the issue of trademark dilution, but I think this is far beyond ridiculous.

      --
      He who has no .plan has small finger. ~ Confucius on UNIX
    2. Re:They have to by TheGratefulNet · · Score: 2

      no one REASONABLE would think that's an apple computer co logo.

      sorry, but this does not fit reasonable defense definition.

      suing over that logo is a joke, in itself.

      my boycott of apple still stands. stuff like this only causes me to dig in even further.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:They have to by YrWrstNtmr · · Score: 5, Insightful

      Second, contrary to the headline, they're not threatening over the "AppleADay" name but the logo

      It looks like...a drawing of an apple. Hard to depict an apple without it looking like an apple.
      But there are significant differences. Hollow, 2 leaves on top, no bite out of the right side, different color.

    4. Re:They have to by neo00 · · Score: 3, Informative

      Applebee's logo is an apple, too. Their name contains an "apple". And they sell food just like AppleADay. Under the same logic, they have to threaten Applebee's too?!

  6. Class of Service by jmactacular · · Score: 2

    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?

  7. Re:This is what happens... by Translation+Error · · Score: 4, Funny

    This is what happens when lawyers have too much time on their hands.

    Yes. Clearly, the optimal solution is to remove lawyers' hands at once.

    --
    When someone says, "Any fool can see ..." they're usually exactly right.
  8. Re:If only... by JavaBear · · Score: 2

    Not quite fair.
    Apple became the IP trolls during the last few years of Steve running it. Probably coinciding with his realization that he really screwed up when he put his faith in non scientific medicine, and effectively sentenced himself to a slow disgraceful death.
    He were incapable of blaming himself, so he had to take out his newfound level of hatred and self-loathing on everybody else.

  9. Slow newsday ? by CharlyFoxtrot · · Score: 5, Insightful

    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.
  10. I understand! by openfrog · · Score: 3, Insightful

    Seeing the supposedly infringing logo, I understand:

    It looks nothing like the Apple Computer logo, but IT LOOKS BETTER!

    Apple wants it.

  11. Awesome journalism by mypalmike · · Score: 2

    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.
  12. Re:This is what happens... by Nidi62 · · Score: 2

    This is what happens when lawyers have too much time on their hands.

    Yes. Clearly, the optimal solution is to remove lawyers' hands at once.

    Why remove the hands? Those are still useful. I suggest removing the lawyers, and keeping the hands.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  13. Re:Apple Arrogance by flimflammer · · Score: 2

    For Apple to even start this tells me that Apples own lawyers should look up trademark law.