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Legal Issues

by Mike Masnick

Fri, Dec 4th 2009 4:52pm




Filed Under:
australia, lawsuits, macpro, trademark

Companies:
apple, macpro


Apple Fighting Macpro In Australia, Despite Is Using That Name For 26 Years

from the just-discovered-it,-eh? dept

Reader mick alerts us to a legal fight in Australia with Apple working hard to stop computer firm Macpro from being able to keep its name. The company has been in business since 1983, prior to Apple introducing the Macintosh (which happened in early 1984). In other words, Macpro should have priority on the name. When Apple tried to register a trademark on Mac Pro, Macpro opposed it and won, but Apple keeps fighting, and Macrpo's boss thinks the company is just trying to force them into bankruptcy with legal bills (he's already spent $200,000). He says he's offered reasonable settlements to Apple, but gets no response. Again, given Apple's early trademark fight with the Beatle's Apple Corp., you might think that it would be sensitive to bullying other companies over trademark issues... but apparently Apple thinks different(ly).

26 Comments | Leave a Comment

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  1.  
    icon
    ChurchHatesTucker (profile), Dec 4th, 2009 @ 5:15pm

    Here we go again...

    Yet another example of using the courts as a cudgel. Justice doesn't enter into it, just the depth of your pockets.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    jt, Dec 4th, 2009 @ 5:23pm

    apple the bully

    when did apple go from underdog to microsoft-like bully?
    around the time itunes came out. there will come a day, and it will be soon, when a competitor will come out of nowhere and challenge apple. and fans will flock to that company. it will be a great day.

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Dec 4th, 2009 @ 5:24pm

    Apple is very forgetful of it's own history. Pride and arrogance are usually the downfall of those too smug to remember when they were on the other side.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Jeff, Dec 4th, 2009 @ 5:31pm

    Now is the time to strike.

    Switch to PC.

    At least we don't try to force people into bankruptcy.

     

    [ reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Dec 4th, 2009 @ 5:41pm

    Who Knew?

    I never knew that US Trademarks were enforceable overseas.

    Sounds like a problem Kevin Rudd should address, no?

     

    [ reply to this | link to this | view in thread ]

  6.  
    icon
    JD (profile), Dec 4th, 2009 @ 6:02pm

    Re: apple the bully

    Like any other large company - they are a bully when it suits them and they think they can get away with it.


    -- JD, dedicated Mac fan

     

    [ reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Dec 4th, 2009 @ 6:26pm

    Re: Now is the time to strike.

    Who is this "we" you speak of?

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    Big Al, Dec 4th, 2009 @ 8:06pm

    Re: Who Knew?

    If bendover Rudd addressed it then ALL US trademarks would apply in Australia - that way he might get a few more votes for his UN gig, and we all know that that is what it is all about, nothing to do with the country he's supposedly running

     

    [ reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Dec 5th, 2009 @ 1:55am

    Re: Now is the time to strike.

    I wouldn't go that far. look at SPA....

     

    [ reply to this | link to this | view in thread ]

  10.  
    identicon
    DS, Dec 5th, 2009 @ 6:59am

    Re: apple the bully

    When? When was Apple formed?

     

    [ reply to this | link to this | view in thread ]

  11.  
    identicon
    DS, Dec 5th, 2009 @ 7:00am

    Re:

    Pride and Arrogance was a hallmark of early Apple culture... and it hasn't changed since.

     

    [ reply to this | link to this | view in thread ]

  12.  
    icon
    senshikaze (profile), Dec 5th, 2009 @ 7:31am

    Re: Now is the time to strike.

    Define PC. Do you mean Windows PC or Linux PC or BSD PC or even Haiku PC (or Apple PC)?



    People need to learn that PC is a general term and covers all personal computers.

    And only the open source ones won't send you into bankruptcy.

     

    [ reply to this | link to this | view in thread ]

  13.  
    identicon
    Dave, Dec 5th, 2009 @ 12:09pm

    Huh?

    Why should he "offer reasonable settlements to Apple" at all, if he had the name first? His name was upheld in court so that should be the end of it. Apple should pay his costs. The more I hear of Apple's ruthlessness and their "business methods", the more I'm put off buying ANY product of theirs.

     

    [ reply to this | link to this | view in thread ]

  14.  
    identicon
    Anonymous Coward, Dec 5th, 2009 @ 12:34pm

    No problem Steve

    Just change the name of your product

     

    [ reply to this | link to this | view in thread ]

  15.  
    icon
    vacuum369 (profile), Dec 5th, 2009 @ 1:39pm

    Apple is Out Of Control!

    This is ridiculous, The way I see it Apple(Steve Jobs mostly) feels they are above the rules (of fair play) because of the iPod/iTunes success! This Austrailian company has been doing their business for 26 years, but hey, now all of a sudden they're going to start making computers? PLEASE.......Apple, take a Chill Pill!

     

    [ reply to this | link to this | view in thread ]

  16.  
    identicon
    Bart, Dec 5th, 2009 @ 6:02pm

    Re: Now is the time to strike.

    Forgotten Netscape, have we?

     

    [ reply to this | link to this | view in thread ]

  17.  
    icon
    nasch (profile), Dec 5th, 2009 @ 8:18pm

    Re: No problem Steve

    Yeah, it's no big deal.

     

    [ reply to this | link to this | view in thread ]

  18.  
    icon
    Spectere (profile), Dec 5th, 2009 @ 9:14pm

    Re: Re: Now is the time to strike.

    People need to learn that PC is a general term and covers all personal computers.

    Tell that to Apple.

     

    [ reply to this | link to this | view in thread ]

  19.  
    icon
    The Groove Tiger (profile), Dec 6th, 2009 @ 1:58am

    Re: Re: Re: Now is the time to strike.

    It's not a "computer", it's a "music player/cellphone/web browsing gadget/application runner thingy!

     

    [ reply to this | link to this | view in thread ]

  20.  
    identicon
    ?????, Dec 6th, 2009 @ 10:31am

    Google " Macpro " see if you can find any top listings about any computer firm Macpro. Use it or lose it

     

    [ reply to this | link to this | view in thread ]

  21.  
    icon
    KaiserSouze (profile), Dec 6th, 2009 @ 1:09pm

    Hmm

    Apple should never have started this fight.

    Ever wonder why a Mercedes cars is no longer referred to as a "Merc"? They decided to sue a clothing company in London called Merc Clothing and lost...

     

    [ reply to this | link to this | view in thread ]

  23.  
    icon
    pjhenry1216 (profile), Dec 7th, 2009 @ 4:19am

    Re:

    I did and they were the first hit. I assume you meant search for Macpro using Google AU... cause doing otherwise would be stupid.

     

    [ reply to this | link to this | view in thread ]

  24.  
    identicon
    The Cenobyte, Dec 7th, 2009 @ 6:29am

    Steve Jobs has always been this way.

    Steve Jobs and Co have always been assholes and idiots. They don't care about people or whate they need or what, they care about making money, so will happily rip you off if they can. Steve W on the other hand was a great guy that loved computers and people, which is exactly why he left Apple all those years ago (Jobs is a jerk and he didn't like jerks). Honestly the biggest problem with Mac is that people just fell into this 'it's really kewl' thing and where willing to follow them around like sick puppies. If MS had done even 10% of the evil crap that Apple has done over they years they likley would have gone out of business (They where always hated and had to work really hard to keep people from being angery with them) but Apple could do no wrong.

    For the longest time the only reason I wanted them to stay in business was the try and help keep MS honest, but now we have linux and I think they are moving along fast enough to keep MS honest. Apple can go away now.

     

    [ reply to this | link to this | view in thread ]

  25.  
    identicon
    Dave, Dec 7th, 2009 @ 12:21pm

    Re: Re: Who Knew?

    Grow up Big Al the article is about apple attempting to intimidate a smaller business into giving away their name. Its not about politicians, if you really want to whinge about Prime Minister Rudd go to another web site to sprout your venom

     

    [ reply to this | link to this | view in thread ]

  26.  
    identicon
    Johnny Canada, Dec 7th, 2009 @ 2:56pm

    I think I will register a new company today...

    I will call it "Monster Mac" and will sell toco's

    I will wait and see who sues me first.

     

    [ reply to this | link to this | view in thread ]


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