Banana intellectual property lawsuit, Apple seeks rights to actual apples.

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Banana intellectual property lawsuit, Apple seeks rights to actual apples.

Technology giant Apple Inc. has filed a lawsuit in Switzerland seeking to obtain intellectual property rights over a depiction of an apple. This is not a stylized logo-like depiction of Apple, the apple features bit marks and is a human creation (and trademarked, of course). It is a depiction of the actual apple, nature's bounty, one of the most ubiquitous fruits in the world, one that grows on trees and is what we eat.

To you, a sane human being, all of this may seem a bit ridiculous, but that is because it definitely is. The testing ground for this bizarre conflict is Switzerland, and the core disagreement is likely to be with the Fruit Union Switzerland, a 111-year-old fruit growers' organization (thanks, Wired). Almost 100 years ago, they devised a symbol of a red apple with a white cross (i.e., the design of the Swiss flag).

Apple first attempted to trademark a depiction of an apple in 2017, submitting a realistic black and white depiction of a Granny Smith (usually green) to the Swiss Institute of Intellectual Property. The Swiss Institute of Intellectual Property did not grant Apple everything it wanted, but it did grant some rights while denying most others, citing legal principles regarding the general image of common items. The latter denial is what Apple is now appeasing.

Sorry, I won't do it again. Because if Apple could get this trademark right, they could essentially strike a legal blow against any image of an apple of any color with a similar shape. I mean, an apple is an apple is an apple...

This is precisely why Apple is locking horns with Fruit Union Switzerland. [says Jimmy Marietos, director of Fruit Union Switzerland. Their goal is to own the rights to the actual apples, which for us is almost universal."

Amen Jimmy. Unfortunately, the Wired report details the extent of similar trademark claims made by Apple for apples in other countries, including Armenia, Israel, Japan, and Turkey. Apple is notoriously protective of its intellectual property rights. Fruit Union Switzerland must prove prior use of the apple's image.

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