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News

MAQS LAW FIRM SUCCESSFULLY REPRESENTED APPLE INC.
2009-11-03

In Apple Inc. v Next Learn AB (Case No. 06-215), The Swedish Court of Patent Appeals recently ruled in favor of Apple regarding a trademark opposition case. The dispute was related to Apple’s most well known trademark – an image of a stylized apple missing a bite, and a leaf separated from the apple. The Swedish computer consulting company, Next Learn AB, had registered a trademark containing a depiction of an apple and the list of goods included computer related services. Apple opposed and argued that there was a clear resemblance which infringed on its earlier trademark rights. Due to the likelihood of confusion and the unique distinctiveness of the trademark, Next Learn’s use of the disputed apple symbol took unfair advantage of Apple’s trademarks. Apple also concluded that there was a risk for dilution of its trademarks.

The Court ruled in favor of Apple on the claims cited above and ruled that, in particular to computer related products, Apple had acquired a very high degree of protection against apple depictions in later trademarks. The Court also stated that, according to ECJ C-251/95 (Sabel ./. Puma) and C-39/97 (Canon ./.Metro Goldwyn Mayer), the greater the earlier mark’s distinctiveness is, the greater the scope of protection when likelihood of confusion is to be judged. Therefore, the Court concluded that there was a likelihood of confusion at hand and revoked the registration.

For further information, please contact: Tom Kronhöffer, MAQS Law Firm, phone:+ 46 8 407 09 00 or e-mail: tom.kronhoffer@se.maqs.com