An apple a day: trademarks and phonetically similar words
By Carol Nyahasha
Apple opposed three UK applications of Wapple.net Ltd, relying on various UK and CTM word marks for the ‘apple’ word mark.
Each application was opposed on the grounds (i) that there existed a likelihood of confusion between the Apple and Wapple marks and (ii) that the Wapple marks would take unfair advantage and cause detriment to the distinctive character or repute of the Apple marks and (iii) of Apple’s passing-off rights. Apple also relied on the word ‘apple’ being a well-known trademark…
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