Sidebar Sidebar
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.

Apple tells Chinese food company to change its logo

WiiDSmoker

WiiDSmoker

Suspended
Original poster
Sep 15, 2009
1,891
7,431
Dallas, TX
4647.jpg


A Sichuan-based company that produces noodles and flour has been accused by Apple of trademark infringement.

Apple's Chinese lawyers say that the logo of Sichuan Fangguo Food Co., Ltd. (四川方果食品有限公司) uses conceptual elements taken from the computer company's, reported the Tianfu Morning Post/Sichuan Online September 6.

Fangguo's logo, a circle with the bottom left-hand three-quarters missing, is meant to resemble an apple, with its stem and right-facing leaf.

Fangguo CEO Zhao Yi seems to think it's a load of hot air. He disagrees that the logos are similar and scoffs at Apple's lawyers complaint that the design concept is similar. "There's a leaf so you can tell it's an apple, but it also contains two Chinese characters. ... The orientation is also different, and ours is a totally different shape ... ." Besides, he added, "When I started Fangguo, I had never even heard of Apple."

Zhao received a letter dated July 19 from the Guangzhou branch of Beijing Zhucheng Law written on behalf of Apple, that notified him of the dispute. The application period for Fangguo's new logo registration was two days away from closing.

The letter included two complaints: First, the resemblance of Fangguo's logo to Apple's. The latter company is known as "Pingguo" in Chinese; the two names feature the same second character, 果/guo, which refers to fruit.

Additionally, the Nanchong, Sichuan-based Fangguo had applied to register its logo under 16 different product categories, including "notebook computers" and "electronic-game software," some of which overlap with categories in which Apple holds trademark registration.

The letter stated that Fangguo should respond before August 6.

Fangguo's trademark-registration license shows a validity period of August 20, 1997 to August 19, 2007. It also states that the commodities produced by the company fall into two categories: flour and noodles. On June 6, 2007, the license was extended to August 19, 2017.

In 2009, Fangguo's production broadened to other food categories, including rice, grain oil, snack foods, and other types of food products. Last year, Fangguo applied for two additional trademarks with the National Trademark Office. On April 20 of this year, the preliminary application period for these trademarks ended.

Fangguo received the status of "Famous Nanchong City Trademark" in 2007 and "Famous Sichuan Province Trademark" the following year. Zhao explained that he registered Fangguo's logo under so many seemingly unrelated product categories not because he had specific plans to expand to other types of manufacturing, but just in case he did meet somebody who wanted to produce, say, Fangguo computers, he would be able to expand the brand name.

He never imagined that somebody would object to the trademark.

Beijing Zhucheng Law attorney Li Gousheng said that Apple closely monitors new trademark applications on China Logo Web. He added that as long as Fangguo eliminates "conflicting elements" by removing the apple leaf in its logo and voiding its trademark registration in product categories conflicting with Apple's, the dispute will be resolved.

But Zhao Yi is standing resolute. "I'm Fangguo, it's a fruit, if the leaf is removed, it'll just look like a bomb." He added, "Anyway, the law firm who sent the letter hasn't contacted me since they sent it."

As part of his preparation for a response to the Zhucheng letter, Zhao created 1,000 questionnaires asking whether or not Fangguo and Apple's logos resemble each other, and if so, how. He asked attendees of the Fourth China Trademark Convention, which opened today at the Chengdu Century City Exhibition Center, to fill them out.

Zhao said even some members of his family use Apple products. He also explained that the Fangguo logo was created by a Beijing-based design company in the 1980s. At that time, it belonged to a state-run Nanchong company. Zhao transferred the logo to his name in 1997. He said the fruit symbolized not only Fangguo but also its base in Nanchong, a city known for its fruit.
Click to expand...


http://gochengdoo.com/en/blog/item/2397/apple_tells_chinese_food_company_to_change_its_logo



No one better defend this.
 
Shrink

Shrink

macrumors G3
Feb 26, 2011
8,929
1,727
New England, USA
Every time I think this patent/trademark thing can't possibly get any more stupid, inevitably it does!

I understand the need/right of a company to protect itself, but really - how much more ridiculous can this get?? :mad:

(I know I'll regret asking that question... :p :rolleyes:)
 
Y

yg17

macrumors Pentium
Aug 1, 2004
15,028
3,003
St. Louis, MO
All this coming from the company that "borrowed" Apple Records' name and logo and said it was fine because no one could possibly confuse a record company and computer company :rolleyes:

Anyone who would confuse this company and Apple's logo is either blind or just a complete idiot.

I'd say if anyone has a case, it's LG, but even that would be a stretch.

Apple's just trying to be the next Monster Cable.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Who cares. This isn't even remotely product-related. Let them fight it out in court. Either outcome is pretty meaningless.
 
GoCubsGo

GoCubsGo

macrumors Nehalem
Feb 19, 2005
35,742
155
Like everyone else, I saw LG. Good to know that arrogance runs free at Apple even with Steveo gone.
 
roadbloc

roadbloc

macrumors G3
Aug 24, 2009
8,784
215
UK
Yep, my first thought was LG. Apple are very sue happy at the moment. Insane to think that Apple stole their logo of a record company anyway. Talk about being hypocritical.
 
Last edited:
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
I went in the store looking for an iPad and ended up walking out with some Noodles. This has now cost Apple the sale of an iPad thanks to my consumer confusion so I agree with what Apple are doing.




/s
 
Rodimus Prime

Rodimus Prime

macrumors G4
Oct 9, 2006
10,136
4
*LTD* said:
Who cares. This isn't even remotely product-related. Let them fight it out in court. Either outcome is pretty meaningless.
Click to expand...

Only you could find a way to defend apple here by calling it a non case. Never mind the fact that it is the latest example in a long list of stupid and abuses cases in Apple's trademark lawsuits.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Rodimus Prime said:
Only you could find a way to defend apple here by calling it a non case. Never mind the fact that it is the latest example in a long list of stupid and abuses cases in Apple's trademark lawsuits.
Click to expand...

ZZzzz . . . these cases are a dime-a-dozen.

There's no abuse here, just a legal challenge. People and corporate entities are allowed that.
 
Rodimus Prime

Rodimus Prime

macrumors G4
Oct 9, 2006
10,136
4
*LTD* said:
ZZzzz . . . these cases are a dime-a-dozen.

There's no abuse here, just a legal challenge. People and corporate entities are allowed that.
Click to expand...

Minus the fact that Apple is now following Monster Cable in the stupid ones. LG has a bigger case and considering the fact LG is not even bothering should say something.

At least with Monster Cable they did not steal there name and logo from someone else.
 
Shrink

Shrink

macrumors G3
Feb 26, 2011
8,929
1,727
New England, USA
*LTD* said:
Who cares. This isn't even remotely product-related. Let them fight it out in court. Either outcome is pretty meaningless.
Click to expand...

Meaningless to you, personally. Because it doesn't effect product, it doesn't effect you.

Whatever the outcome, it does effect the Chinese food company.

There are things that Apple does that may not effect your life - but does effect the life of others.

Yours appears to be a rather narcissistic world view.

No offense - just one person's observation.
 
killerrobot

killerrobot

macrumors 68020
Jun 7, 2007
2,239
3
127.0.0.1
So apparently Apple thinks it holds the copyright to leaves. :rolleyes:

Really late to the thread and hate to agree with everyone already, but yeah, the logo does look like the love child of the Apple and LG logo.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
WiiDSmoker said:
Defending Apple until the day you die. Gross.
Click to expand...

There's no wrongdoing here, no matter how much you wish there was.

Use of legal mechanisms in order to settle dispute are not inherently right or wrong, for anyone.



----------
Shrink said:
Meaningless to you, personally. Because it doesn't effect product, it doesn't effect you.

Whatever the outcome, it does effect the Chinese food company.
Click to expand...

So what.

They have the opportunity to prove their case and answer Apple's claim. If they cannot or will not do that successfully, then they were in the wrong, and life's tough. If they are successful, then Apple will be denied their claims and will probably pay costs. This stuff happens every damn day. Trademarks need to stand up to scrutiny, whether you're a one-man operation or multinational. If Apple's claim is truly unfounded then Fangguo has nothing to worry about.

The courts provide answers to a test of (material) claims.

Ob-la-di, ob-la-da, life goes on, brah.
 
Last edited:
BaldiMac

BaldiMac

macrumors G3
Jan 24, 2008
9,014
11,194
It's pretty disingenuous to keep referring to them as a food company to make it seem like Apple is going after a trademark in a different industry. According to the article, they registered the logo for use in computer sales. That is the area that Apple is challenging their trademark (however ridiculous the claim may be.)
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Additionally, the Nanchong, Sichuan-based Fangguo had applied to register its logo under 16 different product categories, including "notebook computers" and "electronic-game software," some of which overlap with categories in which Apple holds trademark registration.

Possible Apple knockoff-artist-in-waiting? Chinese food company registers logo for notebook computers and software.

Suspicious.

But intent is not what's at issue here.
 
You must log in or register to reply here.
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.
Top Bottom