We're not making this up: Apple trademarks the SHOP After trademarking the leaf and patenting the rectangle, Apple has outdone itself by trademarking the shop. The US Patent and Trademark office last week granted Apple's application to trademark a retail store featuring computers. It is the "distinctive design and layout" that Apple now holds the unique design rights to, thanks …
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I seem to remember the comentards leaping up and down cheering when Apple got sued by Swiss railways over their trademarked clock face design. It was round, had three hands and marks at the hour points. Enough of the double standards already.
The layout of an Apple store is quite distinctive. Trademarking that design doesn't stop anyone else opening a shop selling computers, it just prevents them making said stores look too like Apple's design.
Thing about patents though, it would be cheaper for the charity shop to swap to triangular tables (instead of their existing dexian racks and rectangular tables). Saves on lawyer costs. Even though they have been there for about 30 years (with the same tables and dexian racks).
Doesnt matter how retarted the patent is, if you cant afford to fight it, its tough.
Are the words "Computer Store" confusing to you? Do you wander into one by mistake when you are looking for a new pair of trainers? If not then you should have figured out that they are not covered by a trademark for the layout of computer stores.
Trademarks work differently. You have to appear to be using the trademark to 'pass off' your business as theirs. If it's clear you're not you can freely use the same things identified in the trademark. The exception is where the other side has expensive lawyers though.
Gap and Apple are different businesses and it's hard to say Gap would be using the trademark to pass off as an Apple store. Though the lawyers would argue that a clothing store styled the same way could cause confused people to walk in and ask for an iPhone. Arguably Apple are ripping off trendy clothes stores anyway (not saying Gap is trendy though).
Mondain's Swiss Railway watches feature a red second hand with a circle at the end of it, and black rectangular hour and minute hands- the Apple iDevice clock copied it to a tee. Many people have abandoned watches already because their phone acts as a timepiece, and those who still wear one accidentally buy an iPhone when they set out to buy a Mondain watch. I guess Mondain had to defend the design against Apple (whose use of the design probably didn't hurt Mondain's sales, probably the reverse) so as not to allow cheap knock-off watch makers to do the same.
Similarly, the original iPhone calculator was a homage to a Braun calculator.
If I ever reach the exalted state of Benneton and have enough cash to spare to be able to fund an F1 team I probably shouldn't be worrying too much about a guy on the street selling shirts. In fact, if he's got that much cheek and enterprise, I might do well employing him somewhere...
Develop a sense of proportion.
"Develop a sense of proportion."?
Ah so it's OK to rip off someone else's work because it's a huge corporation that makes millions and won't miss it? Right, got it! So you're going down to PC World this afternoon and walking out with a few laptops without asking? I mean they won't miss 'em 'cos they make millions right? Further to that, due to your cunning an guile at managing to obtain said stolen property you'll be hoping some nearby entrepreneur will offer you a job to boot because of your talent at nicking stuff?
No, it's not "all right". It's "pointless". Why bother saying "I've invented cleaning my bum, no one else is allowed to". Granted, we all want to protect our name, and should do the best to. But someone selling something in a foreign country passing off as your brand tells you more about your own businesses failures than the sellers success at fooling customers.
Oh, and by the way, you cannot patent/protect clothing. It's the law. Strangely, the companies BENEFIT from this. It drives their competition, innovation and brand names through the roof. They make more money through the indirect advertising of shoddy copies than they could make if they destroyed the competition and paid for their own advertising. (Check out the TED talk on it, I'll not waist my effort finding it for you just now)
HK rip off merchants often buy "staff stock" from the factories at "cost" price with a kick back to the foreman to downgrade perfectly fine stock. Benneton still get their money at source and the brand still get circulated. It only takes a few other genuine sales to keep it going. You dont see nike losing much sleep over knock offs either.
Selling your premium brand cheap at retail simply turns it into a burberry chav symbol.
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But then they will video it, dub the sound and make you look like you are supporting them. Good luck explaining that to your mates when it gets circulated on TV. Then apple will patent the flash mob and its participants which means apple will own you. You'll get sued for having free will.
Its not worth the risk son.
Seriously? what will be next! I am fed up with both apple and Samsung destroying innovation with this stupid business though litigation, I have started buying none branded and smaller brands because of this and I am loving my Natpc, unbranded Chinese tablet that costs next to nothing and is as good as something from either of them!
http://www.amazon.co.uk/NATPC-X210-Dual-Core-STORAGE/dp/B00AKYZ6RI/ref=sr_1_8?s=computers&ie=UTF8&qid=1359717704&sr=1-8
This tablet has a 1024x600 10.1" screen, a crummy processor and poor wifi.
It's got 4 stars on Amazon but all the reviews say something like.
"I love this tablet it was so cheap, only problems are the wifi drops out all the time and the screen is a bit fuzzy and [insert name of app] keeps freezing and doesn't work properly.
Sounds like a great buy to me, I'm sure Apple and Samsung are worried.
to be fair, most of the crappy tablets have horrible firmware. If you can flash it with a common firmware then you are laughing. I got a cheapy chinapad for the kids and its great. Screen is ok and after flashing hasnt locked up or crashed any more than the galaxy tab 2 has.
After reading the comments here, and all over the Reg. actually, I pose a question.
Did all these commentards who regularly post positively about one company copying another or negatively about a company trying to protect themselves from a competitor copying their products, also copy on their exam papers?
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