Apple vs The Big Apple

[Bobblehead]

The GreeNYC logo shows a stylized apple with a stalk and a leaf. It bears a resemblance to Apple's famous logo -- a resemblance Apple says infringes on its trademark.

The city has applied for a trademark on the logo, but Apple has filed a formal opposition (.pdf) obtained by Wired.com.

The Cupertino, California, company calls for the trademark to be denied, claiming the city's logo will confuse people and "seriously injure the reputation which [Apple] has established for its goods and services."

New York says: Getdafugoutaheya.

http://www.wired.com/techbiz/it/news...apple_vs_apple

I'm not sure many people are going to confuse a NYC "Green" initiative with Apple's trademark. And even if someone did, would it be that bad of a thing for Apple to be inferred to be involved in something of this nature?

[Titan]

All too soon the NYC logo will be turned into a rotting core by numerous groups looking to criticize the efforts of NY. This would not be good for Apple. Looking at the logo I think Apple has a pretty good argument. What I would argue is that it could imply to consumers that Apple is a sponsor or participant in the initiative which may give it some benefit without Apple actually being involved.

[Russic]

wow, that really doesn't look like the apple logo at all (to me anyways).

[FlamesKickAss]

Originally Posted by Russic

wow, that really doesn't look like the apple logo at all (to me anyways).

x 2

[ricoFlame]

Originally Posted by Russic

wow, that really doesn't look like the apple logo at all (to me anyways).

agreed. looks quite different.

[worth]

that's a shopping bag with a dildo sticking out of it.

[Joborule]

Originally Posted by Russic

wow, that really doesn't look like the apple logo at all (to me anyways).

Agreed, not really that close.

[STeeLy]

Originally Posted by Russic

wow, that really doesn't look like the apple logo at all (to me anyways).

I don't think it resembles the Apple logo at all to be honest.

[Madman]

Originally Posted by worth

that's a shopping bag with a dildo sticking out of it.

Its the small logo on the bottom right of the bag. (If you weren't being sarcastic - although funny.)

[Thunderball]

I don't think New York has much to worry about. There are logos out there that look a lot closer to each other than that which have survived suits and pressure, like the Stampeders and the Ford Mustang logo...

Incidentally, the only thing they have in common is they are both roughly the shape of an apple. Aside from that, the style is completely different.

[blankall]

Originally Posted by Madman

Its the small logo on the bottom right of the bag. (If you weren't being sarcastic - although funny.)

People are aware of that, but there is still no resemblence. The Apple logo is quite distinct. It has that bight out of the apple and the one leaf coming out of the top.

Personally, I think Apple is a little mistaken here if they think they can TM any picture of an apple. They did, after all, have apples before they had computers.

[Barnes]

Originally Posted by blankall

People are aware of that, but there is still no resemblence. The Apple logo is quite distinct. It has that bight out of the apple and the one leaf coming out of the top.

Personally, I think Apple is a little mistaken here if they think they can TM any picture of an apple. They did, after all, have apples before they had computers.

This is how trademark applications go. Part of the process is to open trademark applications to opposition for just this type of thing. NYC will respond and there will be an agreement between NYC, Apple and the trademark board.

This happens thousands and thousands of times a year.

[QuadCityImages]

This is why Apple Records should have won their case against Apple computers...

I suppose the truly appropriate thing would be for NYC to agree never to make computers, phones, or mp3 players to avoid confusion, then 30 years later start making computers, phones, and mp3 players and then Apple sues them and somehow loses.

[ken0042]

Originally Posted by Thunderball

There are logos out there that look a lot closer to each other than that which have survived suits and pressure, like the Stampeders and the Ford Mustang logo...

Didn't that go to court, and was found that the original trademark owner was a US college football team? And the college team told Ford to back off or they would be sued in turn?

Or is that just an urban legend?

[Barnes]

Originally Posted by QuadCityImages

This is why Apple Records should have won their case against Apple computers...

I suppose the truly appropriate thing would be for NYC to agree never to make computers, phones, or mp3 players to avoid confusion, then 30 years later start making computers, phones, and mp3 players and then Apple sues them and somehow loses.

Apple Records (Corps) did not win the case because of this section in the original agreement:

4.3 The parties acknowledge that certain goods and services within the Apple Computer Field of Use are capable of delivering content within the Apple Corps Field of Use. In such case, even though Apple Corps shall have the exclusive right to use or authorize others to use the Apple Corps Marks on or in connection with content within subsection 1.3(i) or (ii) [the Apple Corps catalog and any future music], Apple Computers shall have the exclusive right to use or authorize others to use the Apple Computer Marks on or in connection with goods or services within subsection 1.2 [Apple Computer Field of Use] (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorize others to use the Apple Computer Marks on or in connection with physical media delivering pre-recorded content within subsection 1.3(i) or (ii) (such as a compact disc of the Rolling Stones music)

The two companies have since come to trademark agreements and the Beatles catalog should be offered as soon as Paul MacCartney's divorce is finalized.

[ricoFlame]

Originally Posted by ken0042

Didn't that go to court, and was found that the original trademark owner was a US college football team? And the college team told Ford to back off or they would be sued in turn?

Or is that just an urban legend?

i've heard all this stamps/ford/southern methodist university stuff and quite frankly, i have no idea what is actually the case.

[Barnes]

Originally Posted by ken0042

Didn't that go to court, and was found that the original trademark owner was a US college football team? And the college team told Ford to back off or they would be sued in turn?

Or is that just an urban legend?

I have heard this too, but couldn't find any credible info on it.

One interesting fact I did read while looking it up is when Mitsubishi entered the American market, they had a car to compete with the Mustang called the Starion. It was supposed to be named the Stallion but since the Japanese can't pronounce the letter "L", it was incorrectly spelled in the American marketing material and the name had to remain.

Seems hard to believe but they also introduced a car called the Pajero which in Mexico means to masturbate.