Apple v Apella Games

Apple has recently lost a trademark battle with Cypriot developer Apella Games.

It was argued by apple that their consumers would mistake and mix the two companies up or may associate Apple with Apella games.

Apple argued their case by stating that, according to their findings from a report, ‘Apella’ was phonetically and visually akin to Apple’s brand name. Nevertheless, EUIPO dismissed the claim and did not decide in Apple’s favour.

Apple argued that there were a number of different words and letters that could have been used by Apella Games that would have not created a similarity with Apple’s brand. Additionally, Apple then submitted an argument to Yana Raevskaya after the deadline had passed (the head of Prospectacy Ltd legal department) that was of near 500 pages long. Yana Raevskaya argued that this was simply a strategy exercised by Apple to mask the insufficient material and evidence they possessed in relation to their claim.

The court concluded their argument on the fact that consumers were very unlikely to confuse the two brands together, as Apella Games possessed a Greek warrior as their logo, whereas Apple possessed a bitten apple. Therefore, Apple’s iPhone would not be associated or mistaken for Apella Games products and services.

Apple will now have approximately two months to decide whether they would like to appeal the decision.

If you would like to discuss protection of your brand, please get in touch with the Trademarkroom team today.

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