Site icon JONATHAN TURLEY

And Apple Commanded: “You Must Not Take of the Apple Tree . . . For You Will Surely Be Sued”

Do these apples look alike? Computer giant Apple appears to believe so. It is suing Australia’s Woolworths for trademark infringement over the use of the new logo.

Even as a lifetime Mac user, I cannot see the good-faith basis for this action. I have long had difficulty with the ever-widening scope of copyright and trademark limitations placed on material. This case falls into that category.

In defense of Apple, Woolworths appears no better — seeking a broad trademark protection of its own logo for any product.

However, Woolworths has been carefully avoiding use of the noun “apple” to avoid legal problems. I fail to see why the rest of humanity has to avoid reference or use of an apple in light of a computer company’s logo.

Apple’s legal department has clearly warned everyone: “And the [corporate office] commanded the man, “You are free to eat from any [logo] tree in the garden [of commerce]; but you must not eat from the Apple tree of the knowledge of good and evil, for when you eat of it you will surely [be sued].”

My greatest concern is how it will affect other areas. For example, I have taken steps to bring the Bible into compliance with trademark rules. For future reference, here are the new translations approved by the Turley Blog in-house counsel and divinity offices:

“He kept him as the apple of his eye” (Deuteronomy xxxii. 10) will now read “He kept him as a red fruit not to be confused with a market logo of his eye.”

As for this picture, it will have to be airbrushed to show a pomegranate or watermelon or other non-corporate symbol.

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