Café stands up to Apple over trademark

Apparently all apples in the world are now under the copyright of Apple. Seriously, this is funny.

Do you think the logo seems too much like the Apple one? To me, it seems just like an normal apple with a kid in it and nothing like Apple's logo.


Well apparently Apple didn't think so:

http://www.thelocal.de/society/20111026-38449.html

A café in Bonn called Apfelkind has become entangled in a legal fight with Apple over its logo, with the computing giant trying to block the café owner’s trademark application. The Local spoke with its owner Christin Römer.

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Christin Römer opened her family café this May, naming it after the orchard growing nearby with the intention of creating an impression of a healthy, tasty and friendly place to go for a coffee and piece of home-made cake – apple and other options are usually on offer.

The 33-year-old commissioned a logo for the café – a red apple with a cut-out silhouette of a child in a hat – and liked it so much she got it printed on cushions, cups, chairs and even a delivery bike.

“I love the logo and have used it everywhere,” she told The Local.

“I wanted to do something like Starbucks, and have the logo as my trademark. I was even thinking of eventually expanding and creating a franchise business so other people could open up other Apfelkind cafés, which is why I wanted to register the trademark.”

She said she sells the Apfelkind cups and shopping bags, and had ideas to even branch out into the fashion business – using fair-trade principles and contacts she has in South America.

Yet her ambitions were dealt a blow when a letter arrived last month from California. It told her that Apple saw a clear danger of confusion between their logo and hers, particularly regarding Römer’s choice of red for the logo, the leaf on the apple stem and the shape of her apple.

Apple’s logo would be damaged by any trademark rights she might gain for her apple, the letter said, demanding she withdraw her patent application for a range of applications. This would prevent her from using the logo on toys or more crucially for services, which Römer said would prevent her from expanding on a franchise basis.

“I’m not going to accept that,” she said. “At first I couldn’t believe the letter – then I called my lawyer.”

She has refused to withdraw her trademark application, and says her lawyer expects the conflict to be decided by the Munich Patent Office.

“The thing is, it was almost flattering to hear from Apple. I love Apple products – I love design and am not terribly technical. I organise my cafe with my iPhone and Apple laptop.”

She said that although she always had her iPhone with her while working in the café, she had not created the kind of place where people would want to go to use their computers. “I don’t have wireless internet here and don’t intend to provide it. This is a café for families and children,” she said.

Apple spokesman Georg Albrecht told The Local the company would not comment on the story.

Meanwhile Apfelkind is busier than ever, said Römer. “People are coming in out of curiosity, and even solidarity.”

Hannah Cleaver (hannah.cleaver@thelocal.de)

What do you think? Leave your comment below.

Looks like we'll have to avoid biting an apple because the hole in the apple would remind the apple logo too much and the lawsuit would be on us.

I like Apple products, but the lawsuits they launch can be a bit ridiculous. I really hope they don't win this one.

Really Apple? REALLY? The two logos dont even look that similar other than the actual apple part, but even then, Apple's apple has a freaking bite out of it, not to mention Apple sells electronic crap while Apfelkind sells delicious baked goods.

publicity stunt... except completely unplanned? looool.

but seriously apple, hasn't been a month and you are already screwing yourself over the smallest things.

I see they havent gone after Apple Records, which is a record label founded by The Beatles in 1968.

Why do companies think they can copyright WORDS or SYMBOLS nowadays? Just because something is even remotely similar to your patent that doesn't mean you go on a sueing rampage. Hope Apple loses this one, hard.

Next stop, lawsuit against orchids that stealing and selling their trademark on a global scale.

Why do companies think they can copyright WORDS or SYMBOLS nowadays? Just because something is even remotely similar to your patent that doesn't mean you go on a sueing rampage. Hope Apple loses this one, hard.

The point is so that someone else can't just take a cup, add the Starbucks logo to it, fill it with mud, pee in it, and top it off with shaving cream and sell it. Some people would get "coffee" from the fake Starbucks, and associate the company with a shitty product, thus ruining their reputation.

They usually cast their nets wide (in this case a tech company going after a cafe) just in case the cafe decides to expand to tech products years down the road. And then there's the money they get from suing.

I see they havent gone after Apple Records, which is a record label founded by The Beatles in 1968.

It was reverse order. Apple Records sued Apple Computer. http://en.wikipedia.org/wiki/Apple_Corps...e_Computer

They ended up settling and now Apple Inc (Computers) owns the trademarks of both for some reason.

The point is so that someone else can't just take a cup, add the Starbucks logo to it, fill it with mud, pee in it, and top it off with shaving cream and sell it. Some people would get "coffee" from the fake Starbucks, and associate the company with a shitty product, thus ruining their reputation.

They usually cast their nets wide (in this case a tech company going after a cafe) just in case the cafe decides to expand to tech products years down the road. And then there's the money they get from suing.

That's a rather extreme example, given that these two logos look nothing alike and it's just a small cafe in a town in the middle of germany. These big time companies just like to think they can be bullies to the small time guys and want to try and make some easy cash.

They don't look anything alike to me, but I can see this being a big plus for the cafe. No better advertisement than getting into a lawsuit with apple! I know for a fact that I, along with countless others, would have never heard of this cafe if not for this incident with apple.

Might as well start selling real apples. Damn. Maybe farmers can get them there?

I bet Steve Jobs is writhing in his grave.

I bet Steve Jobs is writhing in his grave.

This is something he would probably push.

Hipsters would defend this to the ends of the earth.

Apple sucks.

Hipsters would defend this to the ends of the earth.

Apple sucks.

Generalizations suck.

Hipsters would defend this to the ends of the earth.

Apple sucks.

Generalizations suck.

Nope.

You can continue to support your tyrant company that picks on small businesses. But I am above that.

Holy fucking pomegranate, apple.

Because Apple owns all apples.

and apple zealots would eat this up.