• 0xDREADBEEF@lemmy.dbzer0.com
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    1 day ago

    Yet Apple has Apple. Trademarks are about markets. You can make a purse called Apple but you cant make computer hardware or software called apple without at least a C&D from Apple. Demon Hunters is so less generic than Apple and they probably only have it in music and maybe visual arts because of music videos.

    • zod000@lemmy.dbzer0.com
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      22 hours ago

      Ironically, Apple got the shit sued out of them for the name by the Beatles because it infringed on the name of their record label.

      • jj4211@lemmy.world
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        22 hours ago

        Yes, and it’s an excellent example that Apple the record label trademark was valid yet Apple the computer company could use it in a separate context, but had to change when they did iTunes.

        Here it’s squarely in the same market. The cited example of customer confusion about a concert event works strongly in their favor.

        • zod000@lemmy.dbzer0.com
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          22 hours ago

          It does work in their favor, even I personally disagree with the concept that you can trademark existing common terms in a restrictive way. It’s been going on for over half a century, so that fight has been lost.