back to article iPhone lawyers literally compare Apples with Pears in trademark war

In the never-ending effort by Apple to think higher of itself, the computer giant has opposed a trademark featuring the silhouette of a pear. Pear Technology, which produces digital mapping software and services, applied for the pear logo in 2014 and was almost immediately challenged by Apple, which claimed it was confusingly …

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  1. frank ly

    Does anyone remember ...

    Apricot Computers?

    1. bazza Silver badge

      Re: Does anyone remember ...

      Yes,. though not in great detail...

      1. Dan 55 Silver badge

        Re: Does anyone remember ...

        Their logo was an apricot. Apple didn't get stroppy about it.

        Enough of a precedent to demonatrate why they shouldn't get stroppy about this either, I think.

        1. 45RPM Silver badge

          Re: Does anyone remember ...

          @Dan 55

          Absolutely right. If Apricot can do it then Pear should be able to too. But the precedent doesn't stop there:

          Acorn

          Raspberry (Pi)

          Blackberry

          Tangerine (remember them? They made the Oric)

          I'm sure that there must be others - I just can't remember them all.

          My guess though is that this doesn't come from the top. It's just some dickhead in the legal department who's trying to justify his sad existence. Lawyers. Right up there with PR and telephone sanitisers.

          1. GruntyMcPugh Silver badge

            Re: Does anyone remember ...

            Apricot, yeah,we had a bunch of Apricot file servers back in the day, they had built in UPS and a little keyfob thingy that remotely operated a sliding door over the floppy drive. TBH I think the Apricot logo was more similar to the Apple logo back then, as Apple were still doing the coloured stripes thing.

          2. FozzyBear

            Re: Does anyone remember ...

            "Lawyers. Right up there with PR and telephone sanitisers."

            I'd still place more value on phone sanitisers than lawyers. In fact I'm trying to think of a lower life form and coming up blank.

            1. Terry 6 Silver badge

              Re: Does anyone remember ...

              FozzyBear

              Marketing consultants?

        2. Gordon Pryra

          Re: Does anyone remember ...

          That is because in the 80's they had not yet left the world of personal computers and entered the world of "new money for old rope"

          Also they had not yet learnt that throwing a bag of cash at a "regulator" means they can do what they want.

          1. AMBxx Silver badge

            Re: Does anyone remember ...

            Apricot were the last computer company to make all their own components. Probably what finished them off.

            My Dad won one when I was about 15. First time I saw a spreadsheet. Ashamed to admit that we swapped it for a BBC Model B with vast amounts of software.

            1. TRT Silver badge

              Re: Does anyone remember ...

              I was attendeding a computing course at Herriott Watt around then. It was the week that V aired in the UK, and I missed it all. Anyway, yes, there were several Apricots in the University and we got a tour of the factory. Superb machines, I remember thinking. Was sad to see them go.

      2. Hans 1

        Re: Does anyone remember ...

        Raspberry pi?

        1. Terry 6 Silver badge

          Re: Does anyone remember ...

          I checked mine to make sure it's not an Apple and Raspberry Pi

          1. Toni the terrible Bronze badge
            Joke

            Re: Does anyone remember ...

            ...and custard?

    2. TRT Silver badge

      Re: Does anyone remember ...

      Visited their factory when I was 15, IIIRC. Near Edinburgh. Leith, I think.

    3. Alphabet Soup 1

      Re: Does anyone remember ...

      Or Apple Records? Obviously they didn't "think different" back then.

      1. Anonymous Coward
        Anonymous Coward

        Apple Records predates Apple Computers

        Apple Records predated Apple Computers.

        Apple Computers made a deal with Apple Records to NEVER get involved in music. Apple Computers later changed that deal. Unclear how much they paid to Apple Records.

        The more I see Apple, the moreI think, what a bunch of fucking cunts.

        1. TRT Silver badge

          Re: Apple Computers later changed that deal.

          Pray they don't change it further.

        2. SW10
          Coat

          Re: Apple Corp predates Apple Computers

          Apple Computers made a deal with Apple Records to NEVER get involved in music.

          ... and supposedly that 'bink' sound made nearly all Apple computers was named Sosumi by Jobs for that reason:

          "So, sue me."

        3. Peter Gathercole Silver badge

          Re: Apple Records predates Apple Computers

          There were three separate lawsuits, with Apple Corp. taking Apple Computer Inc. to task over the use of 'Apple' and an Apple logo in conjunction with music.

          Apple Corp. won the first two, and received modest damages and a more explicit license deal, but the third one in 2003-2006 centered around the use of Apple and the Apple logo on the iTunes store, which was clearly about music.

          In this case, the judge ruled in favor of Apple Computer, taking a very (IMHO) lose interpretation of the maybe poorly worded section on content delivery and physical media (to me, it looks like the judge did not think that the electronic delivery of digital music conflicted with the previous agreement, which he interpreted as the delivery of music on physical media - clearly the case that digital music delivery was a disruptive techology).

          Although Apple Corp. said they would appeal, it was likely they didn't have the financial resources, and eventually Apple Computer. offered a settlement, and part of the settlement transferred the ownership of the Apple logo to Apple Computer, with a perpetual license to allow Apple Corp. to continue using their logo. I think it also included an agreement to allow Beatles music to be delivered through the iTunes store, something that Apple Corp. had explicitly blocked previously, presumably because of the ongoing disagreement.

          So there is now nothing Apple Corp. can do to anybody w.r.t the logo, as Apple Computer Inc. own it outright.

          It's amazing how much can be achieved by the application of money.

          1. Kirk Northrop

            Re: Apple Records predates Apple Computers

            And of course this result was the source of the bodged interview on BBC News that should have involved the late great Guy Kewney, but instead involved some random IT guy who had arrived for a job.

          2. Mark 85
            Joke

            Re: Apple Records predates Apple Computers

            It's amazing how much can be achieved by the application of money.

            True. And for everything else that money won't achieve, there's cousin Quido aka "The Persuader". (Queue the theme from "The Godfather".)

        4. Bob Vistakin
          Headmaster

          Re: Apple Records predates Apple Computers

          The MacIntosh Apple predates them both a bit too, seeing as it was first named in 1811.

          Or was it? There's a conspiracy theory going round that even it's name was, ahem, "corrected" after Jobs and his new fangled computer outfit had their reverse engineering fun: The MacIntosh Apple.

        5. Toni the terrible Bronze badge
          Thumb Up

          Re: Apple Records predates Apple Computers

          I saw what you done there a Morel is a fungi right? Helped to grow by covering with a lot of bullshit.

          1. jake Silver badge

            Re: Apple Records predates Apple Computers

            Morels are much more discerning than that. They are very particular about who they rub shoulders with. A neighbor has been trying to cultivate them for almost 50 years, and claims he's no closer now than when he was when he started. In his words "It has become a quest".

      2. Anonymous Coward
        Anonymous Coward

        Re: Does anyone remember ...

        Ah, but Apple Corps (the Beatles record label) took Apple Computers to court as early as 1978.

        Apple Computers settled and part of the settlement was that they agreed to stay OUT of the music business.

        Apple Corps took them to court again over iTunes - which most of us would agree was a clear violation of the agreement to stay out of the music business - and a UK High Court judge gave the decision to Apple Computer.

        I have NEVER EVER bought anything made by Apple Computer and never will. They are the evil empire.

        1. Toni the terrible Bronze badge
          Headmaster

          Re: Does anyone remember ...

          No, I must correct you there, Apple are not the Evil Empire they are one of the Evil Empires. I am sure you can list the others.

    4. Anonymous Coward
      Anonymous Coward

      Re: Does anyone remember ...

      Yes. I had an Apricot. They were good. One of the first PCs I had to myself, Dad bought it for me when I was 5 or 6.

      They discoloured quickly though. The beige plastic would brown up after a year or so. Dread to think what they'd look like in a smokers house.

      1. Anonymous Coward
        Joke

        Re: Does anyone remember ...

        > They discoloured quickly though. The beige plastic would brown up after a year or so. Dread to think what they'd look like in a smokers house.

        Less brown?

    5. GlenP Silver badge

      Re: Does anyone remember ...

      I worked for an Apricot dealer. At the time their PCs were far better than IBM and most of the clones. Trouble is they weren't then IBM compatible. The later compatible ones were still ahead of the game but too expensive compared to the competition and their customer service was poor.

    6. big_D Silver badge

      Re: Does anyone remember ...

      And Pineapple, they sold an Apple ][ clone. And Pearcom they did the same, among others with not so fruity names.

      1. Peter Gathercole Silver badge

        Re: Does anyone remember ...

        I was going to bring up Peach, but then I remembered that it was an Apple ][ clone, so any infringement case would have been interesting, to say the least!

    7. big_D Silver badge

      Re: Does anyone remember ...

      I had an Apricot Xi with a 10MB hard drive. That was enough for DOS, a GUI, dBase II, Supercalc, WordStart, a VT100 emulator (and its source code), a C-compiler, a C interpreter(!!), Pascal compiler, BASIC and MS-BASIC compiler. There was also around 3MB free for documents

    8. g e

      Re: Does anyone remember ...

      Errr or even Pear computers, back in the day

      https://www.google.co.uk/search?q=pear+computer+logo&oq=pear+computer+logo&aqs=chrome..69i57.2341j0j7&sourceid=chrome&ie=UTF-8

      Even I'd agree that had some similarity to someones else's logo at the time

    9. This post has been deleted by its author

    10. Gio Ciampa

      Re: Does anyone remember ...

      Or Tangerine?

      (manufacturers of the Oric-1 and Atmos as I recall)

      (Edit: someone already mentioned them... so that was the other person that bought one ;^D )

      1. gotes

        Re: Does anyone remember ...

        I had an Oric! That makes three of us.

        1. GruntyMcPugh Silver badge

          Re: Does anyone remember ...

          I _ordered_ an Oric,..... it was severely delayed, so I ended up cancelling and getting an Acorn Electron instead.

          Oric basic had a few neat features, like the 'wait' command, I recall they had one set up in WH Smith, so, like all mischievous teenagers, I instructed it to 'wait' long enough for me to get out of the door, then loop around the predefined sounds. The BASIC equivalent of setting all the cooking timers in 'Spoils' (if you remember that shop).

          1. allthecoolshortnamesweretaken

            Re: Does anyone remember ...

            Whenever I'm at IKEA I set a dozen or so egg timers in the kitchenstuff aisle.

            Because someone has to do it.

        2. Anonymous Coward
          Anonymous Coward

          Re: Does anyone remember ...

          "I had an Oric! That makes all three of us."

          There - FTFY

    11. Anonymous Coward
      Anonymous Coward

      @Frank

      No. But I do remember a time when the EU wasn't on a road to become equally stupid to the US patent administration. Well, it seems to me they managed to do even better on that front. And some people wonder why I'm anti-EU :P

    12. Anonymous Coward
      Coat

      Re: Does anyone remember ...

      the PearPC emulator?

    13. zen1

      Re: Does anyone remember ...

      I remember how aggressively Apple prosecuted anybody when companies tried to import clones into the US. I also remember the enormous royalties companies had to pay to sell apple compatible (//e, gs and early mac) hardware. The repressive tactics apple used back in those days are, in my opinion, one of the most significant reasons apple has had problems with mass product saturation in areas other than early education, mp3 or the cell phone markets.

  2. Anonymous Coward
    Anonymous Coward

    Dear Apple.

    See this? (Holds up my wallet.)

    I'm voting with it. (Puts wallet back in pocket.)

    I'll never buy an Apple product if this is how you treat people. You were at least a contender in my list of potential computer vendors for my next one, but given how you like to trample us little folks under your jack booted heels, I'll go find someone else to handle my computer needs.

    Signed, a random person that just watched Apple flush itself down the toilet.

    (My wallet & I will be walking away now.)

    1. Anonymous Coward
      Anonymous Coward

      Re: Dear Apple.

      Been an apple computer user for years, stopped iPhones at the 3s.

      This week I sold my MacBook air (2015). I feel like I'm at AA telling you how great my first few days Apple free is.

      It is.

    2. William 3 Bronze badge

      Re: Dear Apple.

      Well done you. Here, have some Guardian points to make you feel all morally superior.

      Doesn't matter you'd be better off actually VOTING for someone to change the system itself.

      With trademarks, companies have to defend them, as that is the law.

      If Apple was the one writing these laws, you'd have a point. As they don't, you seem very misguided at best, because there isn't an alternative that wouldn't do what Apple does, because their shareholders and the law demands that they do so.

      I bet you're the type of person that screams at shop assistants because you dislike their company policy.

      1. Anonymous Coward
        Anonymous Coward

        Re: Dear William 3

        If Apple was the one writing these laws, you'd have a point. As they don't, you seem very misguided at best,

        The law has little bearing on the outcome in all high value legal cases. That's why top footballers get off speeding tickets that you wouldn't, why influential figures get away with wife beating that would have you in jail, why megacorps dodge taxes that SMEs and contractors can't, and why the chances of winning a legal battle against a bank are very, very low indeed.

        In this case, a tiddly company has again been trampled by the handsomely paid army of lawyers fielded by Apple. If you really think that is "how the law is written", then you really aren't paying much attention to the world.

      2. sabroni Silver badge

        Re: you'd be better off actually VOTING for someone to change the system itself.

        No, voting for someone to change the system is unlikely to change it. If Apple were to find that their legal bullying was costing them some money, however little, that'd change their behaviour.

      3. Baldrickk

        Re: Dear Apple.

        "

        Well done you. Here, have some Guardian points to make you feel all morally superior.

        Doesn't matter you'd be better off actually VOTING for someone to change the system itself.

        "

        Well, if I lived in the US, then maybe I could.

        Instead, all I can do is "WTF-facepalm" like the rest of us.

      4. Anonymous Coward
        FAIL

        Re: Dear Apple.

        @William3

        "With trademarks, companies have to defend them, as that is the law."

        This is not defending a Trademark If it were a Apple, or even a Pear with a chunk taken out of it, I could understand. but it bears no resemblance whatsoever.

        This is bully boy tactics and little else.

      5. Doctor Syntax Silver badge

        Re: Dear Apple.

        "With trademarks, companies have to defend them, as that is the law."

        Defending is one thing, looking for fights is something entirely different. Not only do the eponymous fruits look different, they're not even members of the same botanical genus. Apple do seem to have chosen the appropriate genus, however; botanically apples are Malus and Apple's behaviour certainly seems malicious.

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