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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."
Look at the logos, though. It would be one thing if the Woolworth's logo was silver, or looked like an apple with a bite out of it. It's neither. It's bright fucking green. It also looks like a stylized lower case 'w', as well as maybe looking like an apple. But honestly, are any Apple-fanboys going to confuse the two? No. Is anyone going to mistakenly assume that the store labeled "Woolworth's" is really an Apple store in disguise? No. Is anyone going to go to the Woolworth's web-page and wonder "Where the fuck are the iTunes downloads?". No. No. A thousand times no.
There's "defend the trademark" and then there's "rampant corporate paranoia".
Mr. Hu is not a ninja.
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.
Yes, but they're doing this for legal safety; either Woolworth's trademark claim gets denied (Apple wins), Woolworth settles (Apple wins), or the government determines that the logos are sufficiently distinct and grants Woolworth's application (Apple still wins). Otherwise, say somebody makes a logo that the government decides does infringe on Apple's trademark; if the offenders can make the case that Woolworth's did it first and Apple didn't protect their trademark, then Apple loses it. But having a definite decision that Woolworth's did not infringe on Apple's logo gives Apple ammunition in future lawsuits.
And yet the Woolworths apple logo looks absolutely nothing like the Apple Computer logo. Nice.
XML is like violence. If it doesn't solve the problem, use more.
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...