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Apple Takes Action Over Australian Logos
sams67 writes "Australian supermarket Woolworth is on the receiving end of an action from Apple over Woolworth's new logo. The green, highly stylized 'W' logo could at best be described as 'apple-like.' As outlined in the article, Apple is taking similar action in Australia against music festival promoter, Poison Apple, and pay TV provider Foxtel, over their fruit-related logos."
From the company that complained bitterly when sued by Apple Records.
I still have more fans than freaks. WTF is wrong with you people?
Having seen the logos (I read the article. sorry) my first thought was, "How stupid do they really think people are?"
I myself could easily identify the difference after my 3rd day awake in Vegas with a .28 and a swollen left eye received from an offended stripper.
Upon further reflection though the lowest common denominator really is the lowest common denominator. If there are people out there stupid enough to believe a prince in Nigeria is going to give them a million dollars, send txt messages to American Idol at .99c each, pay the infinite profit margin for txt messaging period, and participate in the various money sinks present in the banalities on the Internet... then perhaps Apple does have a valid concern.
As much as I hate to agree with greedy megacorps, Apple's premise is that the majority of people are stupid enough to confuse the logos, and unfortunately I can't seem to argue that they are wrong.. with their premise.
I don't think Apple has it out for Woolworth's and I don't think Woolworth's meant to make a logo that's similar to Apple's. I see the similar shape but no one would ever mistake the two. This is really just reflexive litigation where the party that potentially faces dilution issues just wants to get the issue in front of a judge for some ass covering. Whether they win or lose, Apple can point to this and say they tried to defend their trademark. And if they lose and in the future, the logo condenses and the bent dash starts to straighten out and it really does look like the Apple logo, they can point to this case again and use it as leverage to say "yeah, we saw this coming, we're not only suing now that it's established".
tl;dr: It's just some cover your ass litigation and nothing more.
Okay then... it's a lime. Now go take a running jump.
In my next incarnation, I hope to come back as a code monkey.
Having looked at the two logos, they're easily distinguishable. Apple's logo is solid, the "W" is made of two overlapping loops. Apple's logo has the "bite", the W has no similar feature. Apple's logo is silver, the "W" is green. And on from there...
The article goes on to say that Apple is also trying to prevent someone else from using a logo of an apple with a devil, and all manner of things. That seems a misuse of trademark law. Trademark law is intended to prevent confusing similarities—something like making an MP3 player with a logo of an apple with the bite out of the opposite side, and calling it the "Appel miPod". It's not intended to prevent use of a common fruit in any type of logo anywhere, or to prohibit something with a vague, passing similarity in geometric shape but an obvious difference in any other way.
In fact, I seem to remember Apple making similar arguments themselves, when sued by a certain Apple Records...
To fight the war on terror, stop being afraid.
I don't think the logos aren't similar enough to prove an infringement of trademark, especially international. This is going to be a big waste of money and time for Apple. Why attack Aussie businesses with fruity logos anyway? Don't they have anything better to do? Like, maybe fix the iMac "Big Yellow Line" display problems.
You're right, of course. Not only are the logos not similar, it's irrelevant. Trademark law permits companies to have similar logos and names so long as they don't compete in the markets and there is no likelihood of reasonable consumers getting confused about which company they're doing business with. No one is going to go to an Apple store to by fresh produce, and no one is going to shop at Woolworths to look for a Macbook Pro. And even if they tried, they'd fail.
Trademarks are not copyrights. They're a consumer protection device, not a government-granted monopoly on an idea, word, or symbol.
He who lights his taper at mine, receives light without darkening me.
Well, your post is little more than a thinly veiled ad hominem attack on Woolworths with zero analysis of the logos or situation at hand. Whatever unrelated Woolworths behaviour you care to mention doesn't make Apples actions any less idiotic, and Apple not only have a history of such idiocy but are quite the hypocrites from when they defended their logo from Apple Records.
Woolworths aside, are Foxtel and Poison Apple also fair game thanks to unrelated activities?
Yes,
I was trying to buy an expensive boutique computer the other day and I ended up coming home with nothing as there was this store that tricked me into going in with their shop as they have a logo that looks *just like Apples*. It turned out to be a bloody grocery store!! The nerve, a grocey chain using an Apple as their logo! Then I looked around and noticed that they're everywhere here in Australia and I mean *everywhere*.
I swear who does this grocery store with over 700 stores in Australia think they are using the same type of fruit as an obscure American computer companies logo. I mean Apple has a whopping three stores in this country!
There should be a law...