Apple Infringes on Mac Pro Trademark. Mac-Pro.com gears for defense.

macprossmacpross
Posted:
in General Discussion edited January 2014
Apple Infringes on Mac Pro Trademark. Mac-Pro.com gears for defense.







Mac Pro is a trademark of Mac Pro, in San Jose, California. We are the Largest Independent Mac Only Store in the USA. Apple has a uphill battle if they think they can use our trademark and corporate name to promote a computer for purely marketing purposes.



Mac Pro is about complete service to the Mac Community, and a web site that features everything for the Mac not just models and support for latest generation computers.



Apple attempts to use the New Zealand trademark filed in November 2005 to expidite the lengthy process of reserving the name here in the USA. However, Mac Pro of San Jose, California, a California Corporation has been using the name since 1988.



I would hate to put a injunction against Apple, and stop the release of there much anticipated computer tower.





Mike Ajlouny

President

www.mac-pro.com
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Comments

  • Reply 1 of 25
    chuckerchucker Posts: 5,089member
    I like (and have previously used) your store, but this is in the wrong forum.



    Also, to my knowledge, Apple's trademark policies on usage of "Mac" in anything computer-related are rather limited (much more so than they used to be), so this could easily backlash.
  • Reply 2 of 25
    alphyalphy Posts: 4member
    Oh come on dude, although I respect the fact that you've held the trademark, from a business perspective this will only serve to increase traffic to your site. Also, good luck going up against a major corporation in litigation; your best bet is to create formal dialogue with Apple directly and hope they throw a couple hundred thousand/million or two your way to keep you happy. If you really are for the community, take a step back; logically this will help your business, maybe it will get you some money from Apple. Don't drag this into court, go talk to Apple and explain it rationally.
  • Reply 3 of 25
    objra10objra10 Posts: 679member
    moved....
  • Reply 4 of 25
    objra10objra10 Posts: 679member
    Quote:

    Originally posted by macpross

    Apple Infringes on Mac Pro Trademark. Mac-Pro.com gears for defense.







    Mac Pro is a trademark of Mac Pro, in San Jose, California. We are the Largest Independent Mac Only Store in the USA. Apple has a uphill battle if they think they can use our trademark and corporate name to promote a computer for purely marketing purposes.



    Mac Pro is about complete service to the Mac Community, and a web site that features everything for the Mac not just models and support for latest generation computers.



    Apple attempts to use the New Zealand trademark filed in November 2005 to expidite the lengthy process of reserving the name here in the USA. However, Mac Pro of San Jose, California, a California Corporation has been using the name since 1988.



    I would hate to put a injunction against Apple, and stop the release of there much anticipated computer tower.





    Mike Ajlouny

    President

    www.mac-pro.com



    Let's face it. You're already trading on the Mac trademark as it is. Your very existence depends on it. You don't compete with Apple, you depend on them. This thread is a joke.
  • Reply 5 of 25
    placeboplacebo Posts: 5,767member
    I hope Apple loses, Mac Pro is the most retarded name I've heard whether it be for a computer or a website. It's bad enough that you guys picked it as your name, but thanks, because I don't want it associated with my $2500 of Woodcrest goodness.
  • Reply 6 of 25
    macprossmacpross Posts: 2member
    Apple, Rational? Are we talking about the same company?
  • Reply 7 of 25
    addaboxaddabox Posts: 12,665member
    Quote:

    Originally posted by macpross

    Apple, Rational? Are we talking about the same company?



    Well sir, I know nothing of your business, but I now know that you are not above a litigious money grab, which doesn't exactly build confidence.



    How would Apple selling the "MacPro" hurt your business, again? People are going to become confused if you are a store or a computer? "Let's go over to Mac Pro and pick up some stuff" "What? MacPro is Apple's professional tower! What you say makes no sense! Run away!"



    If anything, I would think casual googling for MacPro info would drive traffic to your site.
  • Reply 8 of 25
    a_greera_greer Posts: 4,594member
    Quote:

    Originally posted by macpross





    I would hate to put a injunction against Apple, and stop the release of there much anticipated computer tower.





    Well then DONT!



    Sure, I feel sorry for you, but when your entire corprate stratagy is based on the actions of another company, not what YOU do, then you really have no room to speak...you do good stuff no question, but you ride on Apples coat tails, that is a risk you assumed when you took the name of what is an apple trademark!



    You gambled and you lost, now do what every business has to do; adapt or die!





    Good luck.
  • Reply 9 of 25
    a_greera_greer Posts: 4,594member
    WAIT A DAMN MINUTE!



    This isnt how this sort of thing is handled, you would hier a law firm, file the papers, and get the ball rolling, then the LAW FIRM would put out a press release, not the Presedent! And it would appear on Mac Daily News, or Mac World, or Wierd...not Apple Insider, I mean, no offence, but Apple doesnt exactly like us...



    If you had a case, your post may have just retarded or destriyed it!



    And just to be a dick, allow me to say that MacMall.com is the one stop shop for all of your Mac needs!
  • Reply 10 of 25
    irelandireland Posts: 17,798member
    I looked up www.macpro.com and got a make-up website. Easy on the eye-liner mate
  • Reply 11 of 25
    placeboplacebo Posts: 5,767member
    Well, I don't think they'll find a shitload of consumer confusion out of that one.
  • Reply 12 of 25
    bergermeisterbergermeister Posts: 6,784member
    Dude, I agree that you have no chance at all, as you are already infringing on Apple's Mac trademark in reference to a computer.



    What good did you think would come from whining to us? We don't like whiners. We don't shop at your company. I had never heard of your company before reading your post, but I have been a Mac user since 1987, longer than your dear company has been in existence. Product and company association goes to Apple, not you.



    If Apple had not made the Mac, would you have chosen the Vaio and named yourselves Vaio-Pro? Get a life and create a good name for your company and then use the phrase Mac Pros to modify it, but don't use another company's product name as your own.
  • Reply 13 of 25
    kickahakickaha Posts: 8,760member
    Quote:

    Originally posted by macpross

    Apple, Rational? Are we talking about the same company?



    No, no, Rational got bought by IBM a while ago.
  • Reply 14 of 25
    icfireballicfireball Posts: 2,594member
    Mac Pro:



    1) Your business depends on the well being of Apples products. Without Apple's products you are nothing. Consider that before getting cheeky with apple.



    2) The use of "Mac Pro" for one of Apple's products will have two positive effects for your company. The first is that your site will get a lot more traffic per the increased googling of the term Mac Pro. Second, this allows you to create a "Mac Pro from Mac Pro" marketing campaign.



    3) I've heard of manufacturing companies denying sales to retail companies that cause them problems. I think this is actually legal. If Apple did that to you, you'd be hosed now wouldn't you?
  • Reply 15 of 25
    ebbyebby Posts: 3,110member
    I can't believe what I am reading here. Apple only recently changed these names and Mac-Pro has been around since 1988. There is NO WAY they could have predicted the direction Apple was headed. Need I remind you of the surprise/shock in the community when Apple and Intel got together.



    Lost of companies use Apple or Mac in their names to signify specialization in services and there is nothing wrong with that. MacMall for example, ApplePolish, iTrip, just to name a few. I know if I look for a computer repair place, it is nice to know they understand Macs without calling.



    If you loose business and can prove it, than defiantly make a case, otherwise I say cooperate and perhaps make some sort of deal. Worse comes to worst, a name change to Mac-Pros would at least differentiate you from the new computer and, in my opinion, better promote your knowledge and expertise in all Macintosh equipment.



    BUT ve very careful how you precede. Apple fanatics are not always, um, logical, and there may be backlash. You don't want this to turn into another TigerDirect fiasco.



    PS: Mac-Pro saved my butt several times with data recovery.
  • Reply 16 of 25
    chuckerchucker Posts: 5,089member
    Quote:

    Originally posted by Kickaha

    No, no, Rational got bought by IBM a while ago.



  • Reply 17 of 25
    telomartelomar Posts: 1,804member
    If anything having a computer named similarly would gain them business. At the end of the day for this case to be anything but frivolous they need to be able to prove by Apple calling the computer that that it in some way impacted on them, that's frankly a bit tough. They'll never win a trademark suit since as has already been pointed out, Apple owns the Mac trademark.
  • Reply 18 of 25
    splinemodelsplinemodel Posts: 7,311member
    This is not a registered trademark, so it seems.



    I think the court will easily find that the retail market and the computer market are two different things, and hence there's sufficient differentiation, yadda, yadda, yadda.



    Hell, the defense could even reference Apple Corps v. Apple Comp, although that was British law, I think.
  • Reply 19 of 25
    groveratgroverat Posts: 10,872member
    This was the wrong place to post this topic.



    Steve Jobs devour a life infant and it would be ok with the Internet Mac nuts.
  • Reply 20 of 25
    a_greera_greer Posts: 4,594member
    Quote:

    Originally posted by Telomar

    If anything having a computer named similarly would gain them business. At the end of the day for this case to be anything but frivolous they need to be able to prove by Apple calling the computer that that it in some way impacted on them, that's frankly a bit tough. They'll never win a trademark suit since as has already been pointed out, Apple owns the Mac trademark.



    Well, what about macpro.com, Apple would need that domain, they have macbook.com, powermac.com, ipod.com and so on, and I could honestly see them winning, Mac was their trademark first, and selling and serviceing computers could be considered direct competition to the apple store, both retail and online/phone -- and I get the feeling that 1-800-My-Apple or an equivelant was up and selling long before 1988-- thus it is direct competition, and the way mac-pro uses the Mac name, it is obvious, even to "an idiot in a hurry" that they are marketing Apples computer systems.
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