There is a small restaurant in Luxembourg City called appleaday. I would say there are about 20 chairs in this restaurant. Find more Images here. Started by three young motivated people the restaurant has recently been “attacked” by Apple Inc. Why?, Because of the name “appleaday” vs. “apple” and in a second place beacause of the Logo.(see here) They also use an apple as logo (but from the abstract image it could also be an orange, or peach,….)
Apple Inc do you really think that people are that stupid that they cannot differantiate between Apple (computers, Phones, Software,…) and a small Restaurant having nothing in common except 5 letters in the name? Because of this lawsuite the restaurant is risking to go bankrupt.
Go support either of those parties…buy a new iPhone, or, go and have lunch at appleaday.
UPDATE: The law suite lasts for over 9 months already, and it got feature in local news on 2011/11/03. (in french) here, older
Hey There Littleiffel,
Thanks, on a related note, With so many new products on the market, it’s becoming more and more of a challenge to find that ideal “fit”. Each company is intent to add on to, and improve, their original creations, swamping the stores with a myriad of products that are sometimes no more different from one another than a simple repositioning of a single button.
Keep up the good work
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I think Apple should change their name to “LEMON” and they leave a sour taste in your mouth! Shame on you Apple Computer for being a bully!!
What about Applebee’s, the American restaurant?
http://www.applebees.com/
Their logo is a lot more similar than Appleaday.
I guess Apple is too chickenshit to take on someone that size, with the bad publicity it would cause in the United States
There are rules to stop this kind of bully-ing – but it’s extremely expensive to stop this kind of awfull practices. If we want to change this – we stop buying the toys from China – imported thru Cupertino.
My wife packed me an apple for lunch.
Oh crap, I shouldn’t have mentioned that, now we’re both going to get sued.
Engineer says:
Not much coherent.
You’re an Apple cultist who is completely ignorant of the facts.
Engineer says:
“Just change the name, no big deal. IF they want to fight in court, and lose, they deserve to go bankrupt. ”
Interesting idea. What name change are you suggesting for Apple Computer?
In the future apple will sue apple trees… because they produce apple logos without the consent of Apple Computers, Inc. And if you are caught eating a apple you will be sued as well!… Bye! I´m getting a orange for my breakfeast..
So the other day i was going out to buy an ipad, but then i got confused and suddenly i am back home with a cup of coffee and a cheese sandwich! This is bullshit, i need Apple inc to win this..
What the !!!! does Apple think they are going to accomplish by suing a little 20 seat restaurant in Luxembourg out of existence just because of a slight similarity of names? Who is going to confuse Appleaday restaurant with Apple Computers? They are two entirely different kinds of businesses, the names are different, the Appleaday logo only very vaguely resembles Apple’s, Apple’s is a stylized apple with a bite out of one side and one leaf on top, Appleaday’s is roughly round with two leaves on top and would hardly be confused with Apple’s logo. Besides, how is Appleaday doing any damage to Apple? This is nonsense, and whoever is responsible for bringing this lawsuit needs his head examined by a competent shrink.
Just change the name, no big deal. IF they want to fight in court, and lose, they deserve to go bankrupt.
You guys just hate apple and you’re looking for an excuse to get your panties in a bunch.
This non-story is 6 months old why are you dragging it up now ? The restaurant is apparently still in business and hasn’t posts any updates on its Facebook wall so I’m assuming this nonsense was just played up for advertising value.
Yep, Story is more than 6 months old. And it was in local news today. And the threat to appleaday is the length of the legal procedures, and the longer it takes the more expensive it gets.(Which might be a strategy of Apple Inc, as the chances to win (or the other party to loose) gets higher with the length of the procedure.)
Apparently the whole procedure now lasts for 9 months (http://www.lessentiel.lu/fr/news/luxembourg/story/18117254).
I don’t think that many people who read this post will come to luxembourg to have lunch at appleaday, but if so…good, as it might take some cash for a legal action of 9 months.
Apple is not a word, common or otherwise in any of the official languages of Luxembourg.
As I recall Lindows was on its way to winning the suit Microsoft brought against them in the US because Windows was a common term but when Microsoft brought a suit in Scandinavia, where a Window has a different name, depending on the language you are speaking things looked much different.
Next they gotta sue all the grocery stores for carrying something that is also named apple. I get really confused everytime. And not to mention the resulting confusion in brand actually forced some folks looking for an iPhone in the grocery aisle.
Appleaday, you guys are going to make big money. This is free marketing.
This what Steve Jobs try to explain Of HP’s founders and the shitty CEO’s whom fucked the whole company. Apple will called in few year Shitty Inc. with a peace of Shit as Logo.
Why doesn’t Apple sue itself for stealing the Beatle’s record company named Apple (with an apple as it’s effing logo!)? Jobs was a big fan of the Beatles so lets remember, the Apple logo wasn’t original to begin with. So lay off Apple! You guys took it first!
Really? Why is it that people are so quick to pass judgement yet absolutely ignorant of the facts?
Apple is named after the fruit, from the orchard where Jobs worked. The Beatles, by the way, did, in fact, sue Apple, and lost, big time. Eventually they settled the whole thing and Apple Corps uses the term “Apple” under license from Apple Inc. The beatles had to get Apple’s permission to use the name Apple.
The history of the trademark dispute between Apple Corps (the music publishing company owned by the Beatles) and Apple Computer (the firm started by Jobs and Woz) is not hard to find on the Web, and bears no resemblance to your retelling. See here, for example: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
It’s a total shame I was going to buy a Mac this weekend too, but seeing
all of these frivolous Law suits, and the constant attacks on the little people,
and the open source community, is leaving a bad taste in my mouth over
the whole matter, Apple started as an open company with high ideals, and goals
they will need to get back to this to survive as a company. They admit the inspiration
for the logo came from the beatles album. But Apple isn’t a record Label and the
Diner doesn’t design and market highend Computers. The judge should throw the case out and Fine Apple Inc A large sum of money for waisting it’s time, the donate a good portion to the diner, and increase tourism to it’s city. The 99% are tired and fed up with this kind of corprate behaviour, It’s really an attack on innovation, how can you put out an idea if the corprate world has IP on thought. Food for thought. Now Go eat at appleaday.
I fear i must change my surname.
Roland Epple
or AppleGreen petrol stations: http://applegreen.ie/
It’s interesting that Apple Inc. doesn’t go after http://apple.co.uk/
That is one fugly website
Hey! Let’s not give them any ideas.
They’re not suing Applebees restaurants?
If Apple wins this it means a food company that mentions “Apple” in it’s name is infringing a Computer Companies trade mark. BUT it will also mean that a food company that was formed before 1977 April 1st could sue “Apple Inc” and get it to stop using the Apple name too…. Are they sure they know what they are doing?
That is total bullshiet. The pope should sue apple for using his trademark 2 finger sign on their trackpad as seen here:
http://www.curecart.com/all-493964-B003XIJ3MW-Apple_Magic_Trackpad
That made my day hahahahhahahah
Hillarious! ^^
It is a shame that Apple do this, but copyright infringement requires the copyright holder to litigate to keep the copyright. Allowing any company (no matter how small and insignificant the company is) to potentially get away with copyright infringement can be used in a court of law in future copyright cases. Stupid, but that is the system!
It’s trademark infringement, not copyright infringement. And in most jurisdictions, two companies operating in wholly different industries can use the same or similar names as long as it’s clear they are different, and one is not trying to piggyback on the other’s name recognition. I don’t know the laws in Luxembourg, but in the US, Apple would not be likely to win if this went to court. They just have the largess and legal budget to bully people with lawyers and paper.
Neil, these people are not using either the name or the logo of Apple, they are using a name where “apple” is just a part of the name and the logo is… an apple (but different in shape, color, concept). There is no likelihood of confusion and therefore no need to go after them. The system is tilted, but not that stupid. The company is, their lawyers quite smart, but reckless and dishonest. I am a trademark lawyer as well, and I face similar issues on a regular basis. @Riddy, the point is though that Apple is a renown trademark and enjoys protection also outside their business area, but the rest of my comments are consistent with your views.
I suspect Apple is becoming a trademark troll like Monster Cable, suing anyone whose name even vaguely resembles theirs. Monster even sued Disney over the movie, Monsters Inc. Any competent judge should immediately slap this kind of frivolous lawsuit into the ground and give the plaintiff a stern warning not to do it again.
Unfortunately here in the US where plaintiffs can forum shop for a judge friendly to their cause, I suspect most plaintiffs can get whatever they want.
This is ridiculous!
Apple themselves have always been through that way.
- Apple was a trademark of a music production company, reputed for producing the Beatles. Apple had the right to use that name as long as they did not go in the music business. Later, they reached an agreement, once the iPod was born.
- iPhone was a trademark of Cisco
- iPad was a trademark of Fujitsu
And actually, there is no law that says that a company reserves for herself the right to use a common word as a trademark, especially if it’s not in the same industry. They can’t win. They’re just trying to suck this small restaurant into a spiral of trials that would lead them to bankrupcy.
“”They’re just trying to suck this small restaurant into a spiral of trials that would lead them to bankrupcy.”"
Doesn’t that constitute vexatious litigation?
In fact, while you’re at it, go to Luxembourg whatever it takes. It is a won-der-ful, beautiful, vibrant city with great food and drink.
Actually, I think you’ll find Luxembourg is a country, not a city.
Well it’s both. A country and a city. Luxembourg(-City) is the capital of Luxembourg.
they shouldn’t ever have the right to use such generic words, like “Apple”, “Windows”, etc.
“Because of this lawsuite the restaurant is risking to go bankrupt.”
Or, you know, they could change their name.
Why should they have to? Just because apple decide they own the rights to the name of a fruit? Should we also change their names, just in case apple starts suing orchards across the worlds?
Actually, maybe the orchards should sue apple! They had apples way before it was cool!
There have been restaurants and businesses with “apple” in the name since long before Apple Computers, Inc (or whatever they call it now) was started. I mean, hell, Steve Jobs stole the name from the Beatles anyway. So fuck him. (I know he’s dead, but whatever, fuck his ghost)
-1 apple, this is ridiculous
apple user
More stories from Apple vs Restaurants:
http://www.geek.com/articles/apple/apple-wants-a-german-cafe-to-stop-using-this-logo-20111021/
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