David against Goliath - this time with fruit!
It sounds like a bad joke, but it's reality: the mighty tech giant Apple is taking on a Swiss online retailer called Apfelkiste.ch - because of a logo that is allegedly too reminiscent of the bitten apple. Yes, really. It's about the apple. Or rather: the question of who it belongs to.
Apple sees a potential risk of confusion in the Apfelkiste.ch trademark. The US company applied to the Swiss Federal Institute of Intellectual Property (IPI) for the partial revocation of the Swiss trademark. The argument? The logos are too similar, Apple's trademark is globally known, so it must be specially protected.
But the IPI saw things differently. And Apple was rebuffed.
Why not all apples are the same
The Swiss institute examined the matter thoroughly. In the decision, Apple is described as "one of the best-known Trademarks of all" - which no one would seriously dispute. However, according to the IPI, the two Trademarks are worlds apart in terms of sound and meaning.
"Apfelkiste.ch" consists of seven syllables, while "Apple" only has two. For the IPI, this is a clear difference - at least when you hear it. The difference is also clear in terms of content: the Swiss trademark plays with the concept of a fruit crate, including ".ch" as a domain extension, which clearly identifies it as an Internet address and therefore as something completely different.
In short: the apple in the logo does not yet constitute a risk of confusion. And of course Apple doesn't like that at all.
Trademark dispute with a bitter aftertaste?
Apple is known for consistently taking action against anything that looks remotely like its brand symbol. Whether stylized apples, pears or even light bulbs - the company is no joke when it comes to its logo.
But in this case, the giant has cut its teeth. It remains to be seen whether Apple will now take further legal action or let the matter rest. So far, both sides have remained silent.
Applesauce instead of aggression!
Honestly, you can only shake your head. If a global corporation like Apple is afraid of being ousted by a Swiss online retailer with the name Apfelkiste.ch - then something is going wrong.
Of course, brand protection must be taken seriously. But common sense should also have a say somewhere. An apple is not a monopoly good. And an online store that sells cell phone cases and cables is hardly a threat to the most valuable company in the world.
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