Apple picks Woolworths in trade marks dispute

Apple is opposing registration as a trade mark the new logo of Australian supermarket chain Woolworths, claiming that the stylised green W is too similar to its own famous apple logo. Woolworths’ applications were submitted in August 2008, and seek to include a wide range of electrical goods and technology.

Woolworths is seeking a blanket trade mark registration of the logo from IP Australia and, as the attached copy of the applications show, they are seeking to cover goods ranging from ‘manure’ in class 1 to ‘cream’ in class 29 (perhaps for rhubarb), to ‘flexible pipes, not of metal’ in class 17 to ‘entertainment’ in class 41 (hopefully, not in the same act). Apple submits that if the logo was used on electrical goods, specifically computers or music devices, it would be deceptively similar to Apple products and cause confusion among consumers. But apparently not confusing for children, (see the last page of the report) as the version of the stylised W logo with the strapline 'fresh food kids' is now registered.

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