Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?

A) There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol.
B) There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol.
C) It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
D) If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages.
E) Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.

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Kanika Goins · Accepted Answer

Final Answer : D, Explanation :  Using a symbol that is a slight variation of Apple Computer Ltd.'s apple symbol without permission could indeed lead to a trademark infringement lawsuit. Apple could seek both an injunction to stop the use of the symbol and damages for any harm caused. Trademark law protects against the use of symbols that are confusingly similar to existing trademarks, especially when such use could potentially confuse consumers or dilute the brand's identity.

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