Not shy about protecting its IP, Apple recently took umbrage with a Chinese food company's logo, claiming it's too similar to Apple's own.
It’s no secret that Apple takes its intellectual property extremely seriously, and its current lawsuit against Samsung on multiple continents exemplifies its willingness to devote an inordinate amount of time and money towards defending its IP.
In a recent lawsuit that, surprisingly enough, doesn’t involve patents pertaining to the iPhone or iPad, Apple has reportedly taken a Chinese food company called Sichuan Fangguo Foods to task for its logo which it claims is far too similar to Apple’s.
Here it is below.
In a letter sent to the Chinese-based food company, Apple alleges that that the logo misappropriates elements from Apple’s own logo.
Not cowering to Apple’s legal might, Fangguo CEO Zhao Yi flippantly denied any trademark infringement.
“There’s a leaf so you can tell it’s an apple,” he explained, “but it also contains two Chinese characters. … The orientation is also different, and ours is a totally different shape … .” Further, Yi notes that he hadn’t even heard of Apple when he started Fangguo and that the logo was created by a design company in the 1980s.
Now here’s where things get a little tricky.
Fangguo Foods produces items like snack foods, flour and noodles, which obviously have nothing at all to do with any Apple products. As a result, Apple’s trademark assertions seem misplaced and without merit. Recently, though, Fangguo had filed applications to extend its trademark to 16 different product categories, one of which includes “notebook computers” and “electronic-game software.”
And therein lies the rub.
Fangguo received the status of “Famous Nanchong City Trademark” in 2007 and “Famous Sichuan Province Trademark” the following year. Zhao explained that he registered Fangguo’s logo under so many seemingly unrelated product categories not because he had specific plans to expand to other types of manufacturing, but just in case he did meet somebody who wanted to produce, say, Fangguo computers, he would be able to expand the brand name.
In the world of trademark law, a company that doesn’t actively seek to protect its trademarks is more likely to lose the ability to enforce them. Consequently, it makes a whole lot of sense to go after Fangguo for their trademark given that they are looking for trademark protection in an area where Apple already operates.
Seeing the Fangguo logo in a super market clearly doesn’t conjure up images of Apple products, but imagine an electronics store featuring products plastered with the Fangguo logo – it stands to reason that consumers might get confused and mistake one company’s product for another. Indeed, that type of customer confusion is precisely what trademark law is designed to prevent As such, Apple really has no choice but to object to the logo as it pertains to notebook computers and electronic-gaming software.
Beijing Zhucheng Law attorney Li Gousheng said that Apple closely monitors new trademark applications on China Logo Web. He added that as long as Fangguo eliminates “conflicting elements” by removing the apple leaf in its logo and voiding its trademark registration in product categories conflicting with Apple’s, the dispute will be resolved.
But Zhao Yi is standing resolute. “I’m Fangguo, it’s a fruit, if the leaf is removed, it’ll just look like a bomb.” He added, “Anyway, the law firm who sent the letter hasn’t contacted me since they sent it.”
And so Apple legal strikes again. Remember that Apple a few years ago also took issue with a Woolsworth logo it claimed was too similar to its own.
Lastly, some have astutely pointed out that the logo in question looks like the LG logo combined with Apple’s logo.
via gochengdoo
