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Apple, New York City In Legal Dispute Over Logo

Lemmy Caution writes "Apple, Inc. has filed a suit to prevent New York City's non-profit 'GreeNYC' initiative from using a logo that incorporates an apple in its design. Commentators have noted the substantial differences between the two designs, not to mention the irony of this sort of infringement claim. The city of New York has filed to have the claim rejected, and even possibly the cancellation of Apple's logo in light of the long history of the nickname 'The Big Apple' to describe the city."

44 of 254 comments (clear)

  1. I REALLY hope Apple wins... by Cedric+Tsui · · Score: 5, Insightful

    I REALLY hope Apple wins and NYC's logo is thrown out.
    There's no one better suited to start rolling back absurd property rights than a city full of pissed off politicians.

    1. Re:I REALLY hope Apple wins... by peragrin · · Score: 4, Insightful

      actually I hope it goes the over way. Apple needs to be shown that not every apple is their's.

      The two logo's don't look anything like each other. NYC's is missing the giant bite for starters.

      --
      i thought once I was found, but it was only a dream.
    2. Re:I REALLY hope Apple wins... by k2enemy · · Score: 5, Informative

      I think you may have misunderstood the parent. Of course Apple's claim is ridiculous, but with the current state of intellectual property law, Apple has a possibility of winning. This by itself would be BAD, but it may prompt politicians to do something about reforming IP law.

    3. Re:I REALLY hope Apple wins... by mattgoldey · · Score: 5, Funny

      Damn, dude. An apostrophe doesn't mean "Look out, here comes an S!"

    4. Re:I REALLY hope Apple wins... by Aglassis · · Score: 2, Interesting

      Does anybody know why the *GREEN* NYC logo is not... err... green? So it will go with the black background on the web site. Though technically, due to the infinity symbol, it should be blue.
      --
      Suddenly, the hairy finger of a familiar monkey tapped me on the shoulder. It was time.--G. T.
    5. Re:I REALLY hope Apple wins... by tubapro12 · · Score: 3, Funny

      I call no ability for IP on the apple design, prior art by ID designer.

    6. Re:I REALLY hope Apple wins... by omega_dk · · Score: 5, Informative

      Well, that might be true... if there were a lawsuit involved at all.

      Hey /.! How about posting about 'filing suit' when it actually happens, and not when someone lacks basic reading comprehension? Not even in TFA does it mention a legal dispute; it says it filed a challenge to NYC's trademark application.

      I believe this article needs to be tagged 'adaylateandadollarshort'

      --
      Just because you don't like the truth, does not make it false.
    7. Re:I REALLY hope Apple wins... by Mr.+Slippery · · Score: 2, Funny

      Maybe there's really just one apple in this case -- and it has "Kallisti" written on it.

      Fnord. I say the trademark goes to the prettiest one.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    8. Re:I REALLY hope Apple wins... by amRadioHed · · Score: 2, Funny

      Are you 'sure it doe'sn't?

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    9. Re:I REALLY hope Apple wins... by sjames · · Score: 2, Interesting

      actually I hope it goes the over way. Apple needs to be shown that not every apple is their's.

      Good luck with that. Apple records tried to teach them that TWICE. First, Apple chose it's name and the mark even though Apple records was hardly unknown at the time. Then after wrangling in court, the two apples agreed they would stay out of each other's markets and businesses and all would be good.

      Then Apple computers started distributing music... Apple records once again tried to show them that there are limits to their use of the apple logo.

      Now they go after one of the best known cities in the world that has been the "Big Apple", complete with apple imagry since before anyone at Apple computers was born.

      I suppose next they'll try to sue an orchard.

    10. Re:I REALLY hope Apple wins... by tomhudson · · Score: 2, Insightful

      It's been said that the bite is a tribute to Alan Turing (who died from eating a poisioned apple),

      So *that's* where the whole "Apple is teh gay" thing got started ...

      The treatment of Turing is a shame - he arguably saved more lives than anyone else in WW2.

    11. Re:I REALLY hope Apple wins... by Lemmy+Caution · · Score: 3, Informative
      As the original submitter, I used the word "suit" when I should have used the word "claim." Otherwise, however, I think you incorrectly minimalize the effectively litigious and serious nature of a trademark opposition:

      The owner of the pending application is given a copy of the claim, termed a âoenotice of oppositionâ. The applicant is given thirty days to file an answer, If no answer is filed, the application is dismissed. Therefore receipt of an opposition notice must be taken seriously.

      The opposition procedure is similar to civil litigation. There is first a discovery period. The time period for discovery is set by the TTAB. The deadlines may be extended on written request. The discovery comprises depositions, interrogatories, production of records, and request for admissions. These are the typical tools used in civil litigation.

        The TTAB has specific rules governing the conduct of an opposition, including the discovery phase. Similar to civil litigation, motions can be filed addressing alleged failure of one party or the other to comply with the TTAB rules of procedure.

        What is unlike civil litigation, is the use of testimonial depositions, which are separate from discovery depositions. The TTAB does not conduct open or oral hearings. All matters are resolved by written record.

      It is somewhat misleading to think this is just a casual "business as usual" action on the part of Apple. It is as serious as a regular lawsuit, will involve similar legal mobilizations, and ultimately will determine whether or not GreeNYC can trademark (and use) their logo.
    12. Re:I REALLY hope Apple wins... by TapeCutter · · Score: 2, Insightful

      "The treatment of Turing is a shame - he arguably saved more lives than anyone else in WW2."

      I agree, the Betchley park guys kept the Atlantic open, and their US franchise shortend the Pacific war using the same techniques. The Manhattan project 'got all the attention' because it signaled the end of WW2 and the start of the cold war. Turing's woefull treament by the authorities means he will eventually take his place as the 20th century's version of Gallelieo.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    13. Re:I REALLY hope Apple wins... by DECS · · Score: 2, Informative

      I agree that there isn't a confusion between the two entities; however, the issue isn't Apple suing to stop NYC from using the idea of an apple. It's a simple one of Apple legal filing to contest a logo that has more than a little similarity to its own. It's not close to being exactly the same, but if Apple hadn't taken any action, it would not have much to stand on when a third party in the PC/MP3/smartphone/software business began using something just as similar.

      Apple Corps sued Apple over its name in 1978, and the case was settled in 1981 with Apple paying $80,000 and agreeing to stay out of the music business.

      In 1989, Apple Corps sued again over the Mac's ability to play back MIDI and the Apple IIGS, which incorporated an Ensoniq sound chip. Apple Corps had an electronics business that failed in 1968. Apple settled again, paying $26.5 million.

      When Apple introduced the iPod and iTunes, Apple Corps sued again, but the group lost its case against Apple. The two came to an agreement that gave Apple the rights to the name, the freedom to run its business, and gave Apple Corps the freedom to use the Apple name as well through a licensing agreement from Apple. The amount Apple Corps got was not published.

      All these frothing Apple critics that say the company persecuted the Beetles are uninformed.

      The Unavoidable Malware Myth: Why Apple Won't Inherit Microsoft's Malware Crown

    14. Re:I REALLY hope Apple wins... by sweet_petunias_full_ · · Score: 2, Interesting

      What a lot of people don't realize is how aggressively lawyers are expected to defend a trademark. Apple's lawyers must show "due diligence" in cases like this, or else they are considered not to be doing their job. Their fear must be that Apple Records or some other preexisting "Apple" company may decide to sublicense their trademark to the makers of knockoff computer products and draw off some marketshare from Apple. Obviously, I think Apple would follow through with their suit and try to defend against borderline cases like this any way they can.

      A long time ago, Apple got to keep their name only because they didn't sell records. That seemed fair enough at the time. Now it's not entirely clear who would win should there be a renewed dispute with Apple Records because the computer company has now become the #1 music seller. It would be very interesting to see what would happen if Apple Records began their own iTunes equivalent or licensed their brand to the makers of cheap ipod knockoffs. That would be ironic, but if it never happens it will be because of the credible threat of red ink flowing as a result, created by the lawyers acting as they do, regardless of what seems fair.

      ...Which comes to prove that lawyers would make really good terrorists. :-P

      --
      You can't send a takedown notice to an already printed newspaper.
    15. Re:I REALLY hope Apple wins... by Lemmy+Caution · · Score: 2, Interesting

      It will be the "system working as intended" if they find against Apple. Likewise, if I sue you for something utterly ridiculous and it is thrown out, then the system is "working as intended."

      That doesn't make the initial filing any less worthy of ridicule or critique.

      I actually don't think Apple has a stake in each and every use of an apple in a logo or other iconic circumstance, any more than T-Mobile does with the color magenta or IBM with stripes.

    16. Re:I REALLY hope Apple wins... by 1u3hr · · Score: 2, Insightful
      Can you really say that Apple doesn't have a stake in other companies using Apples for logos?

      Yes, I can. If a company uses a common English word and an image of a real, natural object, it does not have the right to prevent anyone else using that. And they must know that going in. If you make up a word, like "Microsoft" and a unique logo, you can be a hardass. If you choose an word that is a part of the language and an image that you can find in a million works of art, than you're an idiot and a jerk if you think you can control everyone's use of this word and logo. And fortunately, in this case, the city of NY has lawyers to make its case, I would expect a judge to dismiss Apple's claim very quickly. The problem comes when the megacorporation's mere threats of litigation force everyone else to give up for fear of ruinous litigation (as Microsoft has done with its similar unconscionable appropriation of the word "Windows").

      Anyone with an ounce of common sense can see this logo is quite distinct from Apple's, it is nothing to do with their line of business and could do no harm to it.

    17. Re:I REALLY hope Apple wins... by thegnu · · Score: 2

      Can you really say that Apple doesn't have a stake in other companies using Apples for logos? Because that's what saying they shouldn't file this complaint is saying.

      only if they're in the same field of business. I thought the Apple Corps. suit was borderline, but their logic was sound.

      How are these fields related here? Apple makes their computers with recyclable parts? Apple makes people feel good about themselves for participating in an ad campaign? Tell me.
      --
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    18. Re:I REALLY hope Apple wins... by Lemmy+Caution · · Score: 2, Insightful

      In that case, the counter-claim should be at least as effective. The city has been using apples in logos and campaigns since at least the early 1970s, and if they want to pursue technology initiatives, they may want to "keep their options open."

      No, I'm sorry. This action merits all the ridicule it is receiving.

    19. Re:I REALLY hope Apple wins... by omega_dk · · Score: 2, Insightful

      I agree. The counterclaim should be exactly as effective. They both should be given equal weight by the trademark arbiter, and a decision made based on the merits of each of their cases. I could easily see them deciding that the uses were different enough to grant NYC's trademark. I can also understand Apple having qualms about other companies using apples similar to theirs in an ad campaign.

      What I would most expect is the solution Engadget proposed -- a settlement. Apple announces some low-power, carbon-neutral, eco-buzzword of the day compliant version of the iPod or the Mini or something, and co-advertise it with NYC in some eco-friendly computing campaign.

      I very much doubt this will end up being decided by the trademark office; I very much think Apple will 'let' them use their trademark (deserved or not) in exchange for an Apple-funded cross promotion of some sort. NYC would be stupid not to take the added advertisement that an Apple ad campaign would give them, and Apple gains very much among their key demographic by being associated with a group working to provide green _____.

      --
      Just because you don't like the truth, does not make it false.
  2. In other news by shadowofwind · · Score: 5, Funny

    Hasbro sues Idaho over infrignement on Mr. Potato Head brand

    1. Re:In Other News by thegrassyknowl · · Score: 2, Insightful

      It all sounds like a case of:

      Apple: Hey you fuckpig lawyers, why do we pay you so much

      Fuckpigs: Because we sue people and make you money

      Apple: So fuck off and sue someone then

      Fuckpigs: Who?

      Apple: Do we look like we really give a shit?

      Fuckpigs: Ok, how about a city that's been calling itself an apple since before computers were invented or a 12 year old?

      Apple: Somebody will think of the children, sue the city.

      --
      I drink to make other people interesting!
    2. Re:In other news by thegnu · · Score: 5, Funny

      It took me 15 seconds to realize that this wasn't portuguese.

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      Please stop stalking me, bro.
  3. apple by Anonymous Coward · · Score: 4, Funny

    god should sue them, after all they copied his design.

    1. Re:apple by Frankie70 · · Score: 4, Funny

      god should sue them, after all they copied his design.


      Yes, but why would Steve Jobs sue Apple.
  4. Apple's REAL Complaint by Bieeanda · · Score: 2, Funny

    The Apple logo encourages people to drop hundreds (if not thousands) of dollars on electronic gadgets they may or may not need (more energy consumption). GreeNYC apple will be used to encourage people to walk, bike and unplug appliances when not in use (less energy consumption).
    Green is bad for business.
  5. Rainbow and Silver by retech · · Score: 4, Funny

    Next up: Apple sues every gay pride organization and person wearing a rainbow for their old (shitty) logo infringement.

    After that: Apple will sue the Universe for Mercury, Silver, Nickel, Tin, Aluminum and Lead all using the colour silver, an obvious infringement upon their new logo.

    I suppose Jobs will start suing anyone who wears a turtleneck while giving Keynote presentations.

    Please someone (namely the judges), stop the madness.

    1. Re:Rainbow and Silver by nomadic · · Score: 2, Funny

      Next up: Apple sues every gay pride organization and person wearing a rainbow

      Their customers, in other words?

  6. In Other News by Enderandrew · · Score: 4, Funny

    A twelve-year old boy posted on his blog that he really wants an iPod for his birthday, but is considering holding out for Christmas, hoping that the next iteration of the iPod will be out by then. Apple assumes someone broke an NDA on the release date of the next iPod, and they are suing the poor boy, and everyone he has friended on MySpace. Tom was not available for comment.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  7. C'mon, Apple! by christurkel · · Score: 3, Insightful

    I am die hard Mac fan and the two are even close to the same. Actually, NYC's looks like a heart to me.

    --

    CDE open sourced! https://sourceforge.net/projects/cdesktopenv/
  8. Argumentation by DSVaughan · · Score: 2, Insightful

    Sounds to me like people with way too much money are arguing with other people with way too much money. If there is a definitive difference in logos, then there is no problem (legally).

  9. Re:What graphics artists have said... by the_humeister · · Score: 5, Insightful

    That's like saying that cars look alike because they have a hood, driver/passenger doors, trunk, and 4 doors. There are only so many ways to draw an apple before it stops looking like an apple. These logos are clearly nothing alike in the ways that matter.

  10. Re:Apple may actually have a case by Kalriath · · Score: 5, Insightful

    What the hell is that designer on? The curve of the Apple logo isn't even close to the curve of the NYC apple!

    If you were to remove the Apple logo, I wouldn't even see the resemblence (because there isn't one). I hope Apple gets crushed in court.

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  11. Re:Apple may actually have a case by Blakey+Rat · · Score: 3, Interesting

    Look at this example, too:

    http://rgov.org/college-media-advisers-08

  12. The differences between the logos: by argent · · Score: 4, Informative

    The apple logo is a solid apple with a bite out of its side, in a variety of color schemes (rainbow (original), red (early variant), black (on white paper), white (current logo), and blue (in the OS X title bar)). It has no stem. The leaf extends to the left. The bottom is rounded, and it is noticably "chubbier" than the NYC logo.

    The NYC logo is an outline of an apple, with no bite, and with the outline extended into a stylized infinity or possibly a "yin/yang" symbol, in green or white, with a stem and the leaf extending to the left. The bottom is a sharp indent, and the shape is slimmer than the Apple logo.

    The "stem" is a distinctive difference, it has never appeared in any Apple logo, and it has appeared in other NYC-related "big apple" artwork (for example the "Big Apple" sculptures that decorated NYC in 2004).

    Different colors, different shape, consistent with previous NYC "big Apple" icons and logos. The only difference is that the apple is more rounded and less "pear shaped", which is most likely simply due to the need to accommodate the yin/yang/infinity symbol.

  13. Re:Apple may actually have a case by Anonymous Coward · · Score: 4, Insightful

    Uh, did you look at the image that you actually link to? The right side of the logo is much further out than the Apple logo, even ignoring the bite that would still be there if the explanation were true. The leaf is a completely different shape and relative size, so even the cut and paste claim there doesn't hold water.

    The very example that is supposed to prove it shows it isn't true.

  14. Re:Apple may actually have a case by Destined+Soul · · Score: 2, Insightful

    Is it just me, or am I the only one who thought the overlayed images would have matched much better in terms of the curvature? After looking closely at the edges and how the edges of each of the apples curve, particularly noticeable near the "bite mark" where Apple's bite curves in "substantially" more than NYC's version.

  15. Re:Apple may actually have a case by Nightspirit · · Score: 4, Insightful

    Those look totally different, it doesn't match the shape on the bottom left, the indentation on the bottom, and most of the right side. The only place it appears to somewhat match are the top left curve, and there are only so many ways you can draw an apple.

  16. Re:WTF is wrong with slashdot? by maskedbishounen · · Score: 2, Informative

    Mainly when the border is showing, the rounded corners aren't where they should be.

    Here's a screenshot comparing Opera 9.26's correct behavior with Firefox 3b5's.

    --
    "An infinite number of monkeys typing into GNU emacs would never make a good program."
  17. Re:Apple may actually have a case by inflex · · Score: 5, Insightful

    Only reason they appear 'close' according to that 'designer' is because of the limited resolution and a big slice of wishful thinking. There's a lot of differences in the curve outline between the two;

    * the right hand bottom/mid side where the infinity symbol bulges out
    * the right hand top side the infinity logo again is on the inside of the apple logo
    * the left hand side the curve infinity symbol is on the -inside- of the apple logo
    * the bottom bumps of the infinity curve have a lesser curvature

    Sorry, but that guys reasoning of similarities is about as useful as saying "If you squint, then this Ford car looks clearly like this Chevy, see, it even has 4 wheels!".

  18. Re:NYC may have same case as Beatles? by lpq · · Score: 2, Interesting

    Wasn't there a dispute about Apple's logo vs. the apple logo used by the Beatles?

    Would New York's logo possibly be closer to the Beatle's logo?

    Wasn't the eventual outcome that there was no trademark confusion between Apple and Beatles's apple use because they were in different fields at the time (computers vs. music). Of course with the iTunes store, that issue has come up again...

    But for NYC vs. Apple, wouldn't similar principles apply -- i.e. they are separate entities that are not likely to be confused?

    Hasn't an apple been used in NYC logo-material since before Apple-Computers even existed?

  19. Think DUMB by dontmakemethink · · Score: 2, Insightful

    Firstly, who the hell is going to mistake the GreeNYC logo to represent Apple, or vice versa? Apple has no more claim to the use of apples in commercial logos than Apple Records does, who pre-existed Apple Inc by over a decade (the label for The Beatles).

    Ironically, Apple Records has filed numerous trademark/copyright infringment suits against Apple Inc, and as a result Apple Inc stayed out of the music industry entirely, even long after Macintosh became the prevalent computer platform used in recording studios in the early 90's. Obviously that's no longer the case, since Apple introduced iTunes in 2001, and numerous infringement suits ensued.

    I imagine Apple Inc is just trying to head off any possible interference by any logo ressembling an apple, and is bullying GreeNYC into a strict trademark agreement. Apple Inc learned their lesson when they spent millions in legal fees to gain the position they have in the music industry today. But somehow I doubt Apple has to worry about GreeNYC making computers!

    The suit is very inconsistent with Apple's public image, especially to attack a non-profit environmental organization in today's political climate (pardon the pun). And they sure could have picked a smaller consumer base to pick on! How many computer owners do you figure are in the NYC metro area?! 50 million?

    --

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  20. To the original submitter of this article -- by Ignis+Fatuusz · · Score: 5, Insightful

    Please cite a reliable source that says Apple has 'filed suit' against anyone regarding this matter. You can't? I didn't think so. Apple has filed a formal opposition to a trademark application, which it must do in order to actively defend its trademark. Whether it's successful or not is irrelevant. Engadget explains the issue in detail here: http://www.engadget.com/2008/04/03/apple-vs-nyc-whats-really-going-on/ I'm not sure what disappoints me more - the sensationalist tone of the submitted piece, or the overwhelming knee-jerk reaction of folks jumping on Apple for something they didn't actually do.

  21. Apple Computer VS Cupertino Orchard by KnowledgeEngine · · Score: 2, Funny

    I guess you all forgot about the landmark case in the 90's. When Jobs first got back on at apple he proceded to sue Sunny Valley Apple Orchard in Cupertino's suburbs. There's even a video of the court procedings http://www.youtube.com/watch?v=oHg5SJYRHA0 I am not shocked in the least to see this from them, given their past behaviour. Towards the end of the video the orchard owner is asking "But what shall I call my fruit" to which Jobs said he could care less, just don't call them apples. That is how the grape flavored apples got started http://www.grapplefruits.com/