Apple bite bites the dust

The Apple logo is unmistakably famous. If you see the logo with the bite from the apple, then you know immediately that you are dealing with Apple. This does not mean, however, that Apple can monopolize the “bite”. For example, recently in Switzerland, Apple suffered a defeat in a logo case about a logo with a bite.

The judge ruled in an opposition that the trademarks were not similar. Also in appeal the judge confirmed this decision. Although the bite is similar as is the leaf, the rest of the logos is completely different. For example, the one is an apple and the other is a J and this looks differently graphically. Also, the second trademark, a registration of the loose leaf, did not bring any benefits: the judge found this element usual and therefore little distinctive. In other words, the scope of protection of the leaf alone was very limited.

Although the worries of Apple are understandable (why has the J exactly the same leaf as Apple’s?), the judge is bound to a comparison of the signs in question. And these were simply different in this matter.


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Arnaud Bos

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