Apple wants to trademark this apple – and joins the ludicrous lawsuit hall of fame

Patents and trademark protection are important to avoid abuse of intellectual property. But they can also be a door opener for abuse and absurd lawsuits. In these cases, it’s hard to understand what exactly a company is trying to achieve.

(Super) heroes, monsters and Swiss station clocks have all been at the centre of lawsuits – as has Jesus.

1. Apple vs. Institute for Intellectual Property

Apple wants to protect the image of a regular apple (see header image), as reported by the Swiss daily newspaper Tagesanzeiger (article in German). Today, the case will be heard by the Federal Administrative Court. The fact that Apple is protecting designs of its own brand isn’t new – the database of the Swiss Federal Institute of Intellectual (IGE) includes over 200 entries with Apple as the author of a design. Among them are various icons and product sketches.

However, Apple has now taken things one step further by trying to trademark the picture of an ordinary apple. Too far, as IGE has decided by refusing Apple the right to protect the trademark – at least not entirely. Now the Federal Administrative Court must decide. If Apple wins, no one’s allowed to use the image of an apple without asking the U.S. company for permission. If Apple loses, they could take the decision all the way to the Federal Supreme Court of Switzerland.

Apple is only the latest example of the twisted reality of rights and patents. But it’s impossible to miss that Apple is hitting the headlines again and again with patent applications. Here’s another example.

2. SBB vs. Apple

Apple guards logos and patents like gold, but seems to be less careful with others’ intellectual property. The update to iOS 6 in 2012 gave the watch a new look that was suspiciously similar to the Swiss station clock. The Federal Railways (SBB) weren’t asked for permission to use the patented design. Apple only gave in when SBB called in its own lawyers and threatened legal action. The case never went to trial, as Apple and SBB subsequently agreed on a licence fee in the millions. With the next update, a year later, the SBB station clock had disappeared from iOS again. Was the licence fee too high for Apple, a company that makes billions in profits every year?

3. Lego vs. Held der Steine

German Youtuber Held der Steine tests sets produced by Lego and other building block manufacturers. Thomas Panke, the Youtuber’s real name, has been getting mail from Lego since 2019. First, he was asked to change the logo of his shop, then he had to delete videos due to infringements of trademark law. Panke commented on the lawyers’ letters in a smug and ironic way in his Youtube videos. This made him more and more popular and his subscription figures skyrocketed (article in German). Looks like Lego has given up, as Panke continues to publish critical reviews of Lego and other building block sets on his channel.

3. Monster vs. Anime

Various lawsuits filed by the manufacturer of Monster energy drinks have been rejected. In Japan, Monster Beverage tried in vain to take anime and games containing the word «monster» to court. As Anime2you.de writes, not only the obvious Monster Hunter or Monster Musume would have been affected by the 134 complaints. Pokémon would also have had to answer for these accusations, as Pokémon actually stands for Pocket Monster. The Japanese Patent Office rejected all complaints in the first instance after just a few days.

Video games

EUR83,62

Nintendo Monster Hunter Rise + Sunbreak Set

Switch, Multilingual

7

Video games

EUR83,62

Nintendo Monster Hunter Rise + Sunbreak Set

Switch, Multilingual

7

4. Nintendo vs. Streamers

Before 2015, it was almost impossible for streamers and Youtubers to earn money by streaming Nintendo games. The Japanese company had all videos that showed clips from Nintendo games demonetised – the entire revenue generated from the videos and streams went to Nintendo. Since 2015, Nintendo has been allowing streams, but still pockets a portion of the revenue from certain games. Unless you want to stream a modded game, i.e. one with modified code. Youtuber Pointcrow was recently on the receiving end of this, as one of his videos was deleted by Nintendo and he received a written warning from Youtube.

5. DC Comics vs. Jesus

In 2016, a resourceful Christian filed a trademark for the iconic Superman logo slightly modified with the words «Jesus» in a diamond. She wanted to print T-shirts and other items with the Super Jesus brand. DC Comic (the rights holders of the Superman brand) successfully opposed in 2017. However, a court decision from 2006 is probably far more important for DC than the Jesus case. DC and its competitor Marvel were granted exclusive rights to the term «superhero», as reported by the LA Times. Much to the detriment of smaller comic book publishers.