July 19, 2023: What is this Controversy? What is the difference between Trademark and Copyright? Apple is known for being aggressive over protecting its trademark but this might shock you!
Trademarking logos and phrases is a common practice among tech companies to safeguard their intellectual property and maintain brand exclusivity.
Apple, known for its strict trademark enforcement, has taken an extraordinary step by not only trademarking its famous half-bitten apple logo but also targeting the fruit itself.
This means that Apple is demanding that a fruit company alter its logo to avoid any resemblance or association with Apple's branding. Apple now wants to trademark the entire fruit.
What does Trademark mean?
Imagine you have a special symbol, like a cool logo, or a unique name for something you created or invented. Let's call it brand "NewzPepper." You want everyone to know that anything with that logo or name comes from you and is special because you made it.
It means that nobody else can use the same logo or name for their things. So, whenever someone sees that logo or name, they know it's from you and not from someone else trying to copy your cool idea.
Just like superheroes have their own symbols, like Superman's "S" or Batman's bat symbol, your trademark helps people recognize your special creations and separates them from anything else out there. So, you can keep making your fantastic things, and everyone will know they come from the incredible "NewzPepper" – all thanks to your trademark superpower!
Similarly, in this case, Apple has a trademark, which is their famous half-bitten apple logo. This means that no other company can use the same logo to sell their products. It helps Apple to stand out and makes it easier for people to recognize their products.
Then what is Copyright?
The legal right of the owner of intellectual property is referred to as copyright.
Copyright thus simply means, the right to copy. This right to copy or duplicate can only be given by the individual or Company who have registered the product under copyright law.
The only people who have the sole right to reproduce a work are the original authors of that work and anyone to whom they grant permission.
For a specific period of time after which the copyrighted object enters the public domain, copyright law gives original material producers the sole right to continue using and duplicating their work.
In the U.S., the work of creators is protected by copyright laws until 70 years after their death.
A copyright protects original works of authorship. Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
Simply explained:
A trademark protects brands, logos, and slogans. A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.
Source: United States Patent and Trademark office and Investopedia
A copyright protects original works of authorship. Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
Back to the article:
Apple's recent move to trademark a common fruit has caused a lot of controversy. Some people think it's going too far and could limit the freedom of other companies to be creative. It also raises questions about how much control a company should have over its intellectual property and whether it could hinder fair competition and innovation.
Intellectual property- the rights given to persons over the creations of their minds. Ex- inventions; literary and artistic works; designs; and symbols, names and images.
This situation shows that protecting intellectual property, maintaining brand identity, and its impact on different industries is a complex issue. As the situation continues, it will spark discussions about finding a balance between protecting intellectual property and promoting fair competition in the market.
Has Apple always been so strict about protecting its trademarks?
This is not the first instance of Apple targeting a company over a fruit logo. In 2020, a meal-preparing start-up called Prepear faced Apple's scrutiny due to its pear-shaped logo. Apple argued that the logo bore resemblances to its iconic half-bitten apple logo. As a result, Prepear had to make slight modifications to their logo.
According to records from the World Intellectual Property Organization, Apple has targeted numerous start-ups globally for their fruit-based logos, as reported by Wired.
Apple has been in notable lawsuits with various companies, such as Samsung over smartphone designs, Qualcomm for patent licensing practices, Epic Games for payment system issues in Fortnite, and Amazon over the "App Store" trademark. Apple is known for protecting its intellectual property and taking legal action against those it believes infringe on its rights.
In 2017, Apple made an attempt to obtain a trademark in Switzerland for a black-and-white image of a Granny Smith apple. The Swiss Institute of Intellectual Property (IPI) granted Apple partial rights to the trademark.
However, the report highlights that Apple doesn't always succeed in its trademark claims. In 2021, the company lost a trademark dispute against Swiss Federal Railways and had to pay a settlement fee of 172 crore INR. Additionally, in 2015, Apple faced a delay in launching the Apple Watch in Switzerland due to a patent from 1985.
These instances demonstrate that Apple's trademark pursuits don't always go smoothly and that the company encounters challenges and setbacks in protecting its intellectual property rights.
The company in question-
Fruit Union Suisse
Apple is reportedly attempting to trademark the actual apple fruit and has filed a lawsuit against Fruit Union Suisse, a 111-year-old farmer's organization that uses an apple with a white Swiss cross as its emblem. The director of Fruit Union Suisse, Jimmy Mariéthoz, has expressed confusion and surprise at Apple's actions.
Mariethoz warns that Apple has shown a strong tendency to aggressively pursue anything it considers an infringement on its trademarks. The Fruit Union Suisse, however, expresses no desire to compete with Apple and remains optimistic despite the legal battle. It is important to note that the Swiss court's decision on the matter could potentially take months or even years to reach.
Do you think Apple is being extra protective?