Apple versus "Apfelkind"
The global giant against a cosy café: Apple saw the apple-shaped logo of a small Bonn café as a danger to its own trademark – and ultimately backed down in the face of public reaction.
What was it about?
In 2011, Bonn founder Christin Römer had a logo she had designed herself protected for her café "Apfelkind": a stylised apple with the profile of a child's face. Apple saw in it a likelihood of confusion with its own world-famous apple mark and filed an opposition with the German Patent and Trade Mark Office (DPMA).
At issue was the proximity of two fruit/apple concepts – an example of conceptual and visual similarity rather than a pure comparison of words.
The course of events
2011: trademark filing
The café "Apfelkind" files its apple-with-child's-face logo with the DPMA.
Apple's opposition
Apple sees a likelihood of confusion and files an opposition.
Public reaction
The "giant versus café" dispute draws wide media coverage.
2013: Apple withdraws
After about two years Apple withdraws the opposition – Apfelkind keeps its name and logo.
Apfelkind was allowed to stay
Apple withdrew the opposition. The small café kept its trademark – the reputational damage of the dispute weighed more heavily for the giant than any possible gain.
What you take from it
Two things: first, well-known trademarks monitor very actively and interpret similarity broadly – including conceptual and visual proximity. Second, similarity has its limits: not every imitation succeeds, and public perception plays a role.
For trademark owners, the case shows how important it is to conduct conflicts early and with judgement.
Sources
DPMA opposition proceedings concerning the "Apfelkind" trademark; coverage notably by LTO (Legal Tribune Online), 2011–2013.
Keep your trademark in view
Activate free basic protection – permanent and without a credit card.
This article is for information and does not constitute legal advice.