Apple sues indie director over Apple-Man film title

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The movie is a super-hero satire about a guy who can levitate apples (the fruit).
The movie is a super-hero satire about a guy who can levitate apples (the fruit).
Photo: Apple-Man-Vasyl Moskalenko

Apple is no stranger to aggressive legal actions meant to protect the company’s image. In its latest move, the company filed a lawsuit against Ukrainian indie film director Vasyl Moskalenko, who wrote a comedy film titled Apple-Man.

And no, the film, currently in production, does not talk about the Cupertino tech giant or its products. It’s a superhero satire about a guy who can levitate apples. You see, in a bit of classic superhero movie plotting, his DNA got blended with DNA from the fruit.

Apple seeks to block trademark approval

Initially, Moskalenko made a version of the film in his apartment in Kyiv. Building on that, he crowdfunded a bigger version of Apple-Man on Kickstarter in a 2020 campaign that raised about $120,000. The film seeks to promote messages about healthy lifestyles. Apple-Man’s nemesis in the piece is a supervillain known as Doctor Burgerman.

But Apple’s legal department is not amused. It appears unwilling to have the company’s name associated with the comedy, even though the film title refers only to fruit. Apple sent a notice of opposition and initiated a lawsuit against Apple-Man and director Moskalenko.

Moskalenko said his movie already gained approval from the United States Patent and Trademark Office. Even so, Apple seeks to have the trademark registration application denied through “an aggressive opposition.”

Apple started legal proceedings against Moskalenko over concerns consumers could believe Apple-Man is “associated with, or approved, endorsed, or provided by Apple,” the company said in a 467-page court filing.

Watch Moskalenko’s response to Apple in this entertaining YouTube video:

https://www.youtube.com/watch?v=cDuBYeVomvY

Apple-Man and ‘trademark bullying’

In response, Moskalenko argued the lawsuit is “trademark bullying” because the film makes no mention of Apple products. The director said he fears all the crowdfunded money for the film will now go to cover litigation costs. He even thinks Apple might force him to “delete” the film after release.

“My movie is about apples, the fruits,” he told iPhone in Canada. “I’ll have to spend almost all my Kickstarter money on litigation…. If my registration would be denied, there are no guarantees that Apple wouldn’t demand to delete my film after its release.”

Moskalenko said he hopes to remedy the situation with Apple. Meanwhile, the company has made no statement about the case.

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