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back to article This is out of hand now: Apple attempts to trademark the LEAF

If you thought Apple patenting the rectangle was a gratuitous abuse of intellectual property, you may be pained to hear that Apple has now applied to trademark a leaf. Specifically, Apple wants to protect the leaf on its company logo. Apple applied for to the European Trademark Registry on 3 December, with the help of London …

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Anonymous Coward

Are they actually trying to break the patent system by showing it up to be totally out of control and unworkable?

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Nah, they are just extremely innovative.

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Not a patent, a trademark™

Obviously by looking at the image provided the first thing you think of is Apple.... okay, it isn't, does the apple even have a leaf? So no, it's an abuse of the trademark system and most likely will be thrown out.

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@David Webb 11:27

"... does the apple even have a leaf? " Yes, often enough to make it iconic.

If you pick an apple from a tree, instead of a supermarket shelf, you'll often see a small, 'pointed oval' shaped leaf attached to the stalk, close to the apple. This is so common and well known that it has been drawn and painted many times throughout history. Guess where Apple got the idea of an apple-type shape with an apple-leaf type thing close to it?

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Mushroom

and on the first day God created Apple

who created, copyrighted and patented the rest of the world.

Fortunately Adam came along and ate all the [f|w]**kers.

3 cheers for Adam.

(ps In reality I'm actually a raving atheist )

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TRT
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Maybe this is some kind of system idle process for the lawyers and form fillers...

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Anonymous Coward

Cupertino fraxinea

Everything with a rhombic leaf profile will have to come down presumably....

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Facepalm

Re: @David Webb 11:27

Guess where Apple got the idea of an apple-type shape with an apple-leaf type thing close to it?

Apple records?

http://www.applerecords.com/media/2af/0f07b116e923c/view.jpg

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Joke

Re: not a patent, a trademark

Using a leaf as trademark for Apple makes perfect sense if you remember the original Golgafrinchan settlers of planet earth used leaves as money.

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Anonymous Coward

Re: @David Webb 11:27

Guess where Apple got the idea of an apple-type shape with an apple-leaf type thing close to it?

Apple records?

http://www.applerecords.com/media/2af/0f07b116e923c/view.jpg

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I just wish apple records had the money to take apple to the cleaners.... the original dispute between the two over the trademarked name was settled on the grounds that apple never enter the music industry using the apple name....

Now apple have more money than the Vatican, they can totally ignore the agreement because they know apple records could not afford the legal fees...

maybe someone should set up one of those crowd sourcing things to generate the funding for the legal fight for apple records...

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Mushroom

Apple: Chaotic good, committing huge abuses of the patent system to show the world it is broken.

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Anonymous Coward

@s0beit

Google: Chaotic good, committing huge abuses of privacy laws to show the world that it doesn't need privacy

Ther, fixed it for you

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Re: @David Webb 11:27

Think he was talking about the apple logo is without a leaf

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Anonymous Coward

Although it is the governments fault that they even allow stupid patents for this, I equally fault greedy Apple for even trying this crap. I think that if everyone boycott Apple products, they might get the message.

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Stop

Re: @David Webb 11:27

What concerns me is that the logo for my consultancy, a pear with a leaf, could be conceptually be mistaken if they really wanted to push it. Gee, fruit with a leaf, sue! Sounds crazy, but I'm seeing crazier stuff out of Cupertino everyday now.

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Anonymous Coward

Re: @David Webb 11:27 .. they also trademarked "Startup" the bastards.

We should all print up "Apple Records" stickers and put them all over the place... water down the public's computer company association with the word Apple.

I'm also upset that they've trademarked the term "startup" in many countries in the past few months in categories where it is already used extensively in a generic way. Who works in these Trademark offices? Doh!

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Holmes

Re: Cupertino fraxinea

adidas?

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Anonymous Coward

Not a "patent" and not a "leaf"

"Patent" in Americanese is a nebulous term for anything resembling any form of registration. So you have to look into every mention of "patent" to determine what the hell they were trying to say/do. It would appear that in this case they're using "patent" to mean registration of a trade mark. No biggie.

Furthermore, it aint a leaf. It's an eye. Presumably their best effort so far for an emblem for their forthcoming iTV (tm)

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Re: and on the first day God created Apple

"Adam came along and ate all the [f|w]**kers."

Common misconception there.

Show me where it says it was an apple that he ate.

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Joke

Prior Art, with rounded corners too!

http://bit.ly/Su9LAO

Expect they wrote the lawsuit papers before even filing the application.

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Anonymous Coward

Re: Prior Art, with rounded corners too!

Haha. I know you marked your comment as a joke, but blimey, its awfully similar isn't it? It's almost like they are going out of their way to try to goad Samsung now!

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WTF?

Re: Prior Art, with rounded corners too!

But what about one third of the Adidas Logo?

http://www.hdwallpapersarena.com/wp-content/uploads/2012/11/adidas-logo.jpg

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Pirate

Re: Prior Art, with rounded corners too!

Well played, Samsung, well played....

(Getting very tired of Apple, even to the point that somewhat piratical Samsung is preferable)

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WTF?

Is anyone else completely bored of this?

Should Apple be allowed to trademark an oval?

Should there be a system or process that even gets them close to doing something like this?

Should Apple calm down a bit and concentrate on bringing new products to market?

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JDX
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Re: Is anyone else completely bored of this?

It's not an oval.

I've never even seen this before to my recollection!

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Anonymous Coward

Re: Is anyone else completely bored of this?

guess you never did Venn diagrams at school?

take off your apple-tinted glasses and Google "pointed oval" and you be amazed at how blind you really are.

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Joke

Re: Is anyone else completely bored of this?

lol, I concur.

I may try to trademark the "beer belly" for myself...

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Re: Is anyone else completely bored of this?

should have added an @JDX to my last post so as not to get flamed by the respective cultists/fanbois

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Headmaster

Re: Is anyone else completely bored of this?

Seriously, it's not oval. Ovoid perhaps, but not oval.

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Re: Is anyone else completely bored of this?

@ 1Rafayal, I may have some prior art on that trademark

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@JDX

"I've never even seen this before to my recollection!"

Then you obviously have no idea of what a wood working "buscuit" is.

http://www.smarter.com/black-decker-dewalt-dw6800-no-0-size-joining-biscuits-/sd--pi-44090188--qq-joiner%2Bbiscuits.html?pdp=8&plt=grid

This crap by Apple has just simply gotten out of hand.

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JDX
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Re: @JDX

By "never seen this before" I clearly meant Apple's use of it, not this type of shape. What a bunch of dumbos.

And no, an oval cannot be pointed. An oval has a continuous differential, a pointed shape like that has a discontinuity.

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Re: @JDX

In defense of JDX here, I think possibly there was some tongue in cheek humor being applied.

May be wrong, but...

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Re: Is anyone else completely bored of this?

@ Andy O'Rourke

Well, if I approach this from an Apple point of view then no, you dont. Naturally I am the first person to ever have a beer belly and if someone else has the temerity to develop one either now, in the future or even in the past, then I will be fully able to seek financial restitution through the courts.

Any beer belly with rounded edges would therefore be a breach of patent and/or registered trade mark.

All your beer bellies belong to us.

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@AC - Re: Is anyone else completely bored of this?

Wrote :- "take off your apple-tinted glasses and Google "pointed oval" and you be amazed at how blind you really are"

You and your upvoters should take off your irony-blocking glasses and recognise a bit of sarcasm aimed at Apple.

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Facepalm

Re: @JDX

> By "never seen this before" I clearly meant Apple's use of it,

Oh I apologise! By "never seen this before" I thought you meant "never seen this before".

Love these little Fanbois ;-)

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Re: Not an oval

It's known as a Vesica Piscis or Fish Bladder

http://en.wikipedia.org/wiki/Vesica_piscis

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Anonymous Coward

Re: @JDX

<i>And no, an oval cannot be pointed. An oval has a continuous differential, a pointed shape like that has a discontinuity.</i>

Not again! Why do you keep posting? Masochism?

You appear to be thinking of an <i>ellipse</i>.

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WTF?

Does the Nissan Leaf have this as part of their logo?

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Actually, Nissan's safe. The automotive industry was not one of the industries listed in the application, and trademarks sharing names and designs can co-exist so long as they're in different industries. Case in point: in the USA, the name "Cracker Barrel" is trademarked to at least two separate companies. Thing is, one is the name for a line of cheese products while the other is the name of a restaurant chain: different industries.

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If only that was true.... let's look at Apple's past history shall we on suing non-IT industries for daring to use an apple logo.

Apple sues a grocer:

http://beforeitsnews.com/science-and-technology/2012/09/apple-sues-polish-grocer-over-trademark-rights-2469892.html

Apple sues a school:

http://news.softpedia.com/news/Apple-Sues-Canadian-School-over-Apple-Shaped-Logo-95109.shtml

Apple sues a coffie shop:

http://gawker.com/5853402/apple-threatens-to-sue-tiny-german-cafe-whose-logo-is-an-apple

Apple sues Woolworths:

http://www.huffingtonpost.com/2009/10/05/apple-sues-woolworths-ove_n_309450.html

Apple sues an APPLE FARM:

http://dailycurrant.com/2012/09/21/apple-sues-york-orchard-patent-infringement/

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WTF?

Thanks InsaneGeek

Brighton says black vans have been circling his farm for weeks taking photos of every sign which contains the logo, and his iPhone mysteriously stopped working the day after the suit was filed.

Apple is seeking $7 million in compenstory damages, plus $2 millon for the "emotional distress" the situation has caused its employees.

I don't understand why anybody would use any apple-like logo on anything, right now the mere mention of crApple or an iProduct creates the same level of revulsion in me that walking on dog shit does, and all I can think of is how I can get rid of it without touching it.

Steaming pile of poo icon please elReg.

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Indeed - similarly Apple Records is a company that sells music, and Apple is a company that sells music. Wait a minute.

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FAIL

I have a feeling the Apple suing an Apple Farm was probably satirical....

unless I missed you doing the same...

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Note that the last one about the Apple Farm is a parody. Though I think that in itself makes a point, it's sad that it's so hard to tell the actual real life events from parody (I only suspected it was parody from the over-the-top ridicule in the quotes - the basic gist of the story came across entirely believable, given the recent events with rounded rectangles...)

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I plan to create several companies with apples for logos. Why? Free publicity.

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@ Field Marshal Von Krakenfart

"...the mere mention of crApple or an iProduct creates the same level of revulsion in me that walking on dog shit does..."

An upvote and Reg Literary Merit award to you, sir, for the most effective and truthful use of the words "Apple", "iProduct" and "dog shit" in one sentence. Well done!

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Anonymous Coward

prior art

the leaf by itself is not a million miles away from the ears on the playboy bunny, no?

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Anonymous Coward

Re: prior art

... and the rounded corners too!

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Anonymous Coward

Re: prior art

It looks like a diagonal vulva.

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