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Old 14-05-2010, 06:07   #16
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I'm a school teacher - and every day I see tons of pink hearts drawn like this.
I race a catamaran when not cruising, and three years ago we called our team Pink Ladies, and decorated our cat with a similar heart. Today is the first time I've heard of the apple company or Jessica Watson. To try to trademark a picture of a pink heart, and ban others from writing on a pink heart is a ludicrous thought.
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Old 14-05-2010, 08:06   #17
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Oh, and now I'd actually read the article, I think it was a positive move that the apple company tried to forge what sounds like a sponsorship deal, and flattering they asked her to promote their product in recognition that she is a healthy teenager representative of the teenage market they are trying to reach. If she doesn't want it, they can come and sponsor me....!!!!

I initially misunderstood the thread, and got the impression they were trying to complain about her use of the heart and name - which they were clearly not!
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Old 14-05-2010, 08:13   #18
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Oh, and now I'd actually read the article, I think it was a positive move that the apple company tried to forge what sounds like a sponsorship deal, and flattering they asked her to promote their product in recognition that she is a healthy teenager representative of the teenage market they are trying to reach. If she doesn't want it, they can come and sponsor me....!!!!

I initially misunderstood the thread, and got the impression they were trying to complain about her use of the heart and name - which they were clearly not!
Thanks for actually reading it.



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Old 14-05-2010, 08:13   #19
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INGREDIENTS
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Old 17-05-2010, 08:20   #20
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INGREDIENTS
???????
So is this a Pink Lady? Sounds interesting!
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Old 17-05-2010, 09:13   #21
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???????
So is this a Pink Lady? Sounds interesting!
Yup.... one of my many past lifetimes/jobs was as a Cocktail barman in **** & ***** Hotels in the UK.. Old style.. definitely NOT one of the Tom Cruise variety...lol
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Old 17-05-2010, 09:38   #22
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Different shape, font and product. An infringement claim would not have a chance. Regards, Richard.
Really? Interesting. Australian law must be quite different from US law. I do a fair amount of TM representation here in the US and I'd say that this would be a slam dunk case of trademark infringment in our courts.
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Old 17-05-2010, 11:01   #23
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Old style.. definitely NOT one of the Tom Cruise variety...lol
Well, there certainly aren't the manliest of drinks but, you never know. He might like them.
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Old 17-05-2010, 13:24   #24
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Really? Interesting. Australian law must be quite different from US law. I do a fair amount of TM representation here in the US and I'd say that this would be a slam dunk case of trademark infringment in our courts.
I'm not a lawyer, but that's an interesting observation. I would question the validity of the original trademark myself. Not only is "Pink Lady" in common use refering to the cocktail, it was also the name of a Japanese singing duo in the 70's and 80's. I would wonder if the apple company may be the ones infringing. It would be interesting to get your opinion on that.
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Old 17-05-2010, 14:07   #25
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Somewhere, I read that the Pink Lady Apple people had trademarked their brand 70 or 80 years ago. I agree with the trademark attorney that in the US, the incredible similarity of Team Jessica's version of the brand is so near to the apple brand, that it's a slam dunk for the apple people. I would be surprised if the Australian courts were to see it any differently.

I doubt it will matter, however, because some smart person on Team Jessica is going to figure out that if they cooperate with the apple people, not only do they avoid an almost certain loss in the courts plus all of the associated legal costs and bad publicity, but they can form a partnership with a wonderful brand. The Pink Lady Apple / Jessica Watson pairing is a win / win for both camps.

It's interesting that someone felt that there are existing "precedents" with a prior claim on the name "Pink Lady," such as some Japanese musical group or a mixed drink. That means nothing unless the name has been trademarked, as the apple folks have done.

Consider: The University of South Carolina was founded in 1805 and The University of Southern California was founded in 1880. Recently, the University of South Carolina was prohibited from using USC as a logo, because the University of Southern California had already trademarked it. See:

Southern California Wins Trademark Battle with South Carolina - Patent Law Blog (Patently-O)

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Old 17-05-2010, 17:21   #26
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It's interesting that someone felt that there are existing "precedents" with a prior claim on the name "Pink Lady," such as some Japanese musical group or a mixed drink. That means nothing unless the name has been trademarked, as the apple folks have done.
Only the Recipe Tao.... only the Recipe.... Lmao
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Old 18-05-2010, 16:02   #27
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My wife tells me that it might not matter who was using the trademark first. What matters most (but not entirely, depending on the venue) is who moved to protect the trademark first.

Apparently there is lots of caselaw where a company has lost it's trademark rights by not actively protecting it. This may explain why the apple company seems to be acting dickish.

Once again, I'm grateful not to have chosen law as a vocation.
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Old 18-05-2010, 17:39   #28
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This may explain why the apple company seems to be acting dickish.
If you read the original article you will see that the apple company is acting extremely politely and non-aggressively.



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