I've done some research on this and Applejack was in G1 of MLP. Which was launched in 1983. Apple jacks originally named Apple o's started advertising the name in 1971. So in conclusion I think that the name Applejack is copyrighted by hasbro and no Kelloggs because Kelloggs cereal has a space in between the Apple and Jacks and the name Applejack is all one word.
I don't think someone could claim exclusive rights to the word 'applejack' even if they tried. It's an apple-based liquor - trying to copyright it would be like trying to copyright the words for other generic alcoholic drinks like scotch/whiskey/vodka/rum/gin/etc. You can copyright a unique variation of a word, but not a generic word itself.
I'm surprised Dolly Parton never sued Hasbro. [video=youtube;hE7-h8tCJfM]http://www.youtube.com/watch?v=hE7-h8tCJfM[/video]
Apple Jacks is a registered trademark to Kellogg which is a bit different than a copyright, but in the end come down to that you can't take the name or image and use it as your own provided the brand has not abandoned the name. I don't know the exact specifics, what constitutes "different enough" since Applejack is not the same as Apple Jacks. Applejack has also been around since G1 (1980's) and Apple Jacks was around in the 70's so if there was an issue of infringement Hasbro would have needed to buy a license or some form of permission from Kellogg (I don't know if that was actually the case though). I do know for a fact that when G4 was in its infancy, Lauren Faust wanted Firefly to be in the show instead of RD, but Hasbro had lost the trademark to the TV show Firefly since she wasn't used again since G1. Trademarks are not protected indefinitely, they are very much a "use it or lose it" thing.
Well the reason Twilight Sparkle is named Twilight Sparkle and not something else, is solely because that named cleared legal. So ya, they check this stuff out before the show ever even airs.
While I agree it's silly, technically with how the current US intellectual property laws are laid out that's what needs to be done. If they let a bunch of games with the word Scrolls go out over the years and not care, they face the chance of actually losing the ability to go to court in the event someone takes a title that is similar or even exact to The Elder Scrolls (again, MLP and Firefly). "Oh you didn't care before, therefore you forfeit your rights." <- That's specifically what they don't want. It's stupid I know even though it has NOTHING to do with The Elder Scrolls title specifically, but it can be down the road. It really is a fight over words; indie devs get it handed to them all the time but don't have the money to pursue the case or buy out of it. It's nothing really new, but does need to change and modernize.
I hate patents in today's world. people are always suing one another over the simplest ideas. What ever happened to collaborating inventions and ideas to create even better things.
Not the same deal. It's not a brand name. That Applejack is a type of brandy, term comes from "jacking" a term used for freeze distillation (looked that up) which is how they produce it. It's just a word in this case.