this post was submitted on 20 Jun 2023
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Apple wants to claim depictions of actual apples.

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[–] utg@mander.xyz 38 points 1 year ago (1 children)

Would be funny if they can successfully counter-sue apple to stop using their logo

[–] vacuumflower@vlemmy.net 2 points 1 year ago

I mean, that's the way trademark laws in theory should work. Who got there first gets the logo. And the other side gets Jobs' mummified dick with some salt.

[–] emi@lemmy.blahaj.zone 21 points 1 year ago (3 children)

It isn't even their logo, they are trying to copyright images of apples.

“We have a hard time understanding this, because it’s not like they’re trying to protect their bitten apple,” Fruit Union Suisse director Jimmy Mariéthoz was quoted as saying by the outlet. “Their objective here is really to own the rights to an actual apple, which, for us, is something that is really almost universal… that should be free for everyone to use.”

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[–] rowinofwin@beehaw.org 21 points 1 year ago (2 children)

This reminds me of the Big Mac decision. I can't remember where but there was a burger place that had a Big Mac burger but the name was not a copy of the McDonalds one, it was iirc because the owner's name was Mac. Anyway, they lost the case and therefore lost copyright protection on Big Mac, so Hungry Jacks/Burger King started renaming all their burgers to something something big Mac, just to mess with them. Maybe Apple will bite of more than they can chew and end up losing protection for the Apple logo or similar things.

[–] Uriel238@lemmy.one 13 points 1 year ago

McDonald's is notorious for suing any food-related company with a name starting with Mc or Mac, for trademark infringement. McDonald's lost to McNally's, a steakhouse in California, but I have to assume they've won enough to persist the policy.

Although in the 2010s it was observed that copyright lawyers on retainer to movie studios and record companies were over-eager to report infringement to media platforms even when it was obviously unintentional and not useful for piracy (e.g. dancing baby videos.) And Disney has a long wretched tradition of suing daycare places for wall murals long before the internet.

So this might be a matter of retained legal teams keeping themselves busy with overvigilence, since overenforcement makes such companies look like abusive dicks who deserve to be pirated (or worse, deserve to be not pirated).

[–] JiveTurkey@beehaw.org 17 points 1 year ago (1 children)

Can companies just fuck off with this. Monster energy does the same thing. Also fuck Apple.

[–] TWeaK@lemm.ee 5 points 1 year ago

We're talking about Apple here. Apple is the company that tried to enforce a patent on a rectangle inside if another rectangle with rounded corners.

[–] BrooklynMan@lemmy.ml 17 points 1 year ago (4 children)

Leave it to "Android Authority" to throw a shit fit over a nothing story. Apple lost this application in 2017, and will almost certainly lose this appeal filed in April. Yes, it's silly, but this article makes it sound like Apple is committing some sort of unspeakable crime, which it isn't.

Calm down, everyone.

[–] emi@lemmy.blahaj.zone 10 points 1 year ago (1 children)

Important not from that article:

It’s not the first time we’ve seen big tech companies attempt to trademark common terms or goods. However, a study by the Tech Transparency Project found that Apple filed more trademark oppositions over a three-year period than Amazon, Google, Microsoft, and Facebook combined.

If you think trademarking of common terms is a bad thing at all, apple seems to be the worst among big tech firms.

P.S. this "Android Authority" article put apple in the correct light in my opinion after reading it, and I use a lot of Apple products.

[–] BrooklynMan@lemmy.ml 2 points 1 year ago* (last edited 1 year ago) (2 children)

this whole argument is preposterous on its face to blame apple for anything when the problem is the laws which allow it. where's the outrage for the swiss apple company with their trademarked apple logo? nowhere.

you hate apple, and that's the source of the outrage and why you blame them rather than the courts and legislatures for their crappy IP laws.

[–] BurnTheRight@kbin.social 7 points 1 year ago (1 children)
[–] Steeve@lemmy.ca 2 points 1 year ago

Found the low effort Reddit comment

[–] bane_killgrind@lemmy.ml 0 points 1 year ago (1 children)

By this logic, if there's a law somewhere that unintentionally allows them to crush orphans, they aren't malicious to do so.

Apple and other corporations lobby for this kind of crappy IP law, so they can sue people.

Apple expanded into this market recently and are pretending to be the incumbent apple themed brand in that space in the whole world.

[–] BrooklynMan@lemmy.ml 0 points 1 year ago* (last edited 1 year ago) (1 children)

By this logic, if there’s a law somewhere that unintentionally allows them to crush orphans, they aren’t malicious to do so.

That's not logic, that's a logical fallacy:

False equivalence

A false equivalence or false equivalency is an informal fallacy in which an equivalence is drawn between two subjects based on flawed or false reasoning. This fallacy is categorized as a fallacy of inconsistency. Colloquially, a false equivalence is often called "comparing apples and oranges."

or in this case, comparing a copyright claim to mass child murder... also...

Apple and other corporations lobby for this kind of crappy IP law, so they can sue people.

prove that Apple lobbied the Swiss government for this law or for a favorable outcome. I'm pretty confident that you can't, and that you're making up this claim because you can't make an argument without fabricating claims

Apple expanded into this market recently...

Apple products have been available for purchase in Switzerland for decades.

...and are pretending to be the incumbent apple themed brand in that space in the whole world.

i don't think you know what the word "incumbent" means, but you not liking apple or the fact that they're prolific or popular is not tantamount to a crime. it's pretty entitled to claim that your personal opinion should have any bearing on the legality of another person's or company's actions.

[–] bane_killgrind@lemmy.ml 0 points 1 year ago (1 children)

Apple lobbies for laws that benefit them all the time. Note that this is a general statement, and not about their activity in Switzerland, just like my previous statement.

https://www.washingtonpost.com/technology/2020/11/20/apple-uighur/

https://readsludge.com/2023/01/23/apple-spent-record-amount-on-lobbying-as-it-fought-antitrust-legislation/

https://mobilesyrup.com/2022/03/16/apple-google-lobby-group-backs-weak-us-privacy-laws/

https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/clntSmmry?clientOrgCorpNumber=363634&sMdKy=1627941425600

Apple watches have not been available for decades.

I'm trying to convey that Apple is an exploitative company. If this offends you, that's weird, is your laptop the lynchpin in your personality?

I'm sorry for triggering you I'll try to be more sensitive of your needs.

[–] Steeve@lemmy.ca 1 points 1 year ago

I'm sorry for triggering you I'll try to be more sensitive of your needs.

Dude fuck off with that shit. Have an intelligent conversation or get the hell out of here.

[–] Steeve@lemmy.ca 1 points 1 year ago

The article tries to push the narrative that Apple is going after small family farms too, I doubt Apple even knows the farm exists. Not to mention under Swiss and basically every other trademark law they aren't even allowed to trademark apples in general, it only grants its owner exclusive rights within a specific class of goods or services.

The article is total ragebait.

[–] bane_killgrind@lemmy.ml 0 points 1 year ago (1 children)

The crime that these corporations are committing is robbing the public of it's own iconography, or trying to anyway.

[–] BrooklynMan@lemmy.ml 0 points 1 year ago* (last edited 1 year ago) (1 children)

hahahahahaha, hilarious.

first of all, this isn't a crime. second, nothing has happened yet-- and, even if the Swiss government rules in favor of Apple, they would be the ones to blame for allowing it. All Apple did was ask. Finally, that other company's logo does not belong to the public-- it belongs to that other company. Where's your outrage towards them?

[–] kresten@feddit.dk 1 points 1 year ago (2 children)

hahahahahaha, hilarious.

It's fine that you disagree, but can you at least try to not be condescending.

[–] makingStuffForFun@lemmy.ml 2 points 1 year ago

Honestly, reading this person's replies is repulsive. What a total jerk. Imagine suffering through a social event like a dinner party with someone like that. Condescending is an understatement.

[–] BrooklynMan@lemmy.ml 0 points 1 year ago* (last edited 1 year ago) (1 children)

this isn't some opinion over which there is a "disagreement". it's a matter of fact, and what was said was false. when someone makes a statement so ridiculously false, I cannot help but to laugh. Lies do not deserve respect.

what I find curious is that you would criticize me for calling out the falsehood rather than the person making it.

[–] kresten@feddit.dk 0 points 1 year ago

I did not criticize you for calling something out. I criticized you going after the person by being condescending, it's bad form in a discussion. Similar to pointing out spelling mistakes.

[–] makingStuffForFun@lemmy.ml 0 points 1 year ago

Except if it's trying, then it is trying to commit a crime. If they lost, they lost. But, they're back to try and steal it again.

[–] fear@kbin.social 15 points 1 year ago (1 children)

This just in, Apple sues the estate of 2000+ year old man for his depiction of an apple in Genesis, the popular and riveting first book in the collaborative effort written 2 millennia ago: The Bible.

I reached out to Apple's PR representative, I'll let you know if they get back to me.

[–] pushka@beehaw.org 9 points 1 year ago* (last edited 1 year ago) (1 children)

Actually Moses was VERY prudent, and strategically didn't use the exact word 'apple' only 'fruit' and 'of the tree' - because he knew apple would be a litigious bitch


Now the serpent was more subtil than any beast of the field which the Lord God had made. And he said unto the woman, Yea, hath God said, Ye shall not eat of every tree of the garden?

And the woman said unto the serpent, We may eat of the fruit of the trees of the garden:

But of the fruit of the tree which is in the midst of the garden, God hath said, Ye shall not eat of it, neither shall ye touch it, lest ye die.

And the serpent said unto the woman, Ye shall not surely die:

For God doth know that in the day ye eat thereof, then your eyes shall be opened, and ye shall be as gods, knowing good and evil.

[–] fear@kbin.social 3 points 1 year ago

Apple's PR representative stated:

If all apples are fruit, and all fruit are of a tree, then surely all fruit of a tree are apples. The world needs to understand that every fruit is our intellectual property now. We've earned that place with our iconic innovation. We're currently in talks with Fruit of the Loom, and our team is confident that they will rebrand as 'Of the Loom'. It's a fresh, modern take for their products that will be mutually beneficial to both parties.

I reached out to Fruit of the Loom's PR representative, nothing yet.

[–] grte@lemmy.ca 9 points 1 year ago (2 children)

If the article is accurate and Apple is trying to secure IP rights over, "images of apples," surely no sane judge would rule in favour of such a wide ranging and foolish claim. I'm sure there are plenty of businesses who will be able to cl aim prior art over a picture of a damn apple.

[–] zik@aussie.zone 2 points 1 year ago* (last edited 1 year ago) (1 children)

A few years ago I tried to register a domain name which included the word "purple". I was told I couldn't because HP had trademarked the word "purple". I pointed out that my domain was in no way related to their purple laptops and I was told tough, no-one could for any reason register any domain which included the word "purple" because HP owned the word "purple".

[–] Liz@midwest.social 3 points 1 year ago

Bullshit. They just don't want to deal with the lawsuit even though HP would be 100% in the wrong. But we don't have a justice system, just a legal system. If you got enough money you can make nearly anything the law.

[–] ngons@vlemmy.net 1 points 1 year ago

They registered this particular image https://www3.wipo.int/madrid/monitor/en/showData.jsp?ID=ROM.1028240&DES=1, the rest of the story is conjecturing what might happen if TM is granted in .ch - I'm no expert, but it sounds unlikely to affect the fruit union.

[–] speaker_hat@lemmy.one 8 points 1 year ago

I hope they'll win, so everyone will understand how stupid and propriety our era is and there is nothing we can do about it, just stupid along with it.

[–] cthonctic@kbin.social 7 points 1 year ago

Apple is a litigation company disguised as hardware sales. Steve "thermonuclear war" Jobs saw to this.

[–] Hedup@lemm.ee 7 points 1 year ago

In future corporations will sue farmers to force them to genetically modify their products, because they're "stealing the brand".

/c/aboringdystopia@lemmy.world

[–] torafugu@kbin.social 6 points 1 year ago (1 children)

Time to get my "Made for iPhone Granny Smith Apples".

[–] tyfi@wirebase.org 2 points 1 year ago
[–] OrangeCorvus@kbin.social 5 points 1 year ago

OK this happens in Switzerland, yeah, I don't think they have any chance. If it would have been in the US, maybe but in Europe, it's a lot harder if you want to bully another company.

[–] Shimmer@kbin.social 5 points 1 year ago (1 children)
[–] pushka@beehaw.org 7 points 1 year ago* (last edited 1 year ago)

They tried to sue Australian grocery-duopolly Woolworths for their apple/ pumpkin type W logo

wollies applied for a blanket trademark - which would allow them to sell laptops with that logo on it, which would be kind of hilarious

[–] Quentinp@lemmy.ca 3 points 1 year ago* (last edited 1 year ago)

What ever happened with Meta and the tech company that already existed called Meta? (Just remembered that now) edit: looks like they settled

[–] ATAADI@lemmy.one 1 points 1 year ago
[–] maniel@lemmy.ml 1 points 1 year ago

Btw, why Apple still didn't sue Nothing for their phone (1), the design of the LEDs on the back of the phone looks almost exactly like Apple logo

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