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Another Apple grapple tackle?
Posted: 04/12/2009
Following recent legal action taken by Apple against The Little App Factory over its 'iPodRip' software, Apple has set its sights on Macpro Computers. Macpro Computers is in Collingwood, Victoria.
Managing Director of Macpro Computers, Peter McRae, has provided technical support to businesses and supplied computers branded using the mark 'Macpro' for 26 years. The mark 'Macpro' is an unregistered mark.
According to Mr McRae, since Apple prepared to launch its 'Mac Pro' line of computers about three years ago, his company has been forced to engage in a legal battle with Apple.
Apple was alerted to the existence of Macpro Computers when the company applied to be a reseller of Apple products, and in 2006, Apple attempted to register the words 'Macpro' and 'Mac Pro' as trademarks for computers. Macpro Computers opposed Apple’s application.
IP Australia, the government agency which handles the registration of, and disputes relating to, amongst other things, trademarks, decided in favour of Macpro Computers. IP Australia held that Macpro Computers provided sound evidence, indicating the use of the 'MACPRO' mark through the launch of its computer goods in April 1983, which constituted prior public use in Australia by Macpro Computers.
Apple has appealed the decision of IP Australia to the Federal Court of Australia. The Federal Court trial is set to run over three days in June 2010.
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