Apple is suing a fruit company in Switzerland for the IP rights of an ordinary apple
The tech giant is seeking the Intellectual Property (IP) rights of a real apple in Switzerland. The records of the World Intellectual Property Organization (WIPO) indicate that Apple has tried this tactic around the world. In countries such as Japan, Turkey, Israel, and Armenia Apple was awarded the IP rights to a piece of fruit.
Apple owns the IP rights to a Granny Smith apple in Spain for use on a long list of goods and services
Fruit Union Suisse director Jimmy Mariéthoz said, “We have a hard time understanding this, because it’s not like they’re [Apple] trying to protect their bitten apple. Their objective here is really to own the rights to an actual apple, which, for us, is something that is really almost universal … that should be free for everyone to use.”
The Fruit Union Suisse director said, “We’re concerned that any visual representation of an apple—so anything that’s audiovisual or linked to new technologies or to media—could be potentially impacted. That would be a very, very big restriction for us. Theoretically, we could be entering slippery territory everytime we advertise with an apple.”
Big, valuable companies like Apple can scare smaller firms acting legally into complying with their demands
The logo that Fruit Union Suisse might be forced to change because of Apple
While Apple is seeking the rights to an image of a black and white apple, that actually is a shrewd move on the company’s part since it could allow the company to claim infringement by apple logos of any color. Texas A&M University School of Law professor Irene Calboli, who is also a fellow at the University of Geneva, points out that in Switzerland companies like Fruit Union Suisse, with a long history of using a logo, usually are protected from lawsuits from firms like Apple.
But on the other hand, she says that huge and highly valued companies like Apple can often scare smaller and less valuable firms into complying with their demands. “The system is very much skewed toward those who have more money. Getting frightened about a possible legal battle could stop a small company from doing “something that might be perfectly lawful.”
