Italian Clothing Company Defeats Apple, Wins the Right To Use Steve Jobs' Name (macrumors.com)
An Italian clothing company that uses the name "Steve Jobs" as its brand will be able to continue using the moniker after winning a multi-year legal battle, reports Italian site la Repubblica Napoli. Mac Rumors reports: Brothers Vincenzo and Giacomo Barbato named their clothing brand "Steve Jobs" in 2012 after learning that Apple had not trademarked his name. "We did our market research and we noticed that Apple, one of the best known companies in the world, never thought about registering its founder's brand, so we decided to do it," the two told la Repubblica Napoli. The Barbatos designed a logo that resembles Apple's own, choosing the letter "J" with a bite taken out of the side. Apple, of course, sued the two brothers for using Jobs' name and a logo that mimics the Apple logo. In 2014, the European Union's Intellectual Property Office ruled in favor of the Barbatos and rejected Apple's trademark opposition. While the outcome of the legal battle was decided in 2014, Vincenzo and Giacomo Barbato have been unable to discuss the case until now, as their claim on the brand was not settled until 2017. The two told la Repubblica Napoli that Apple went after the logo, something that may have been a mistake. The Intellectual Property Office decided that the "J" logo that appears bitten was not infringing on Apple's own designs as a letter is not edible and thus the cutout in the letter cannot be perceived as a bite. The report goes on to note that the company plans to produce electronic devices under the Steve Jobs brand.
ugly logo
subject box.
I'm not a fan of IP hoarding, but "Steve Jobs" implies that either Apple or Jobs (when he was alive) has something to do with the design of the Italian company's products.
It's stupid that now Microsoft will have to trademark "Bill Gates" and "Satya Nadella", Amazon will trademark "Jeff Bezos", etc.
Yeah, exactly NO-ONE can perceive a bite mark into the letter J in the name Steve Jobs as a BITE!
Regardless of whatever we eat letters normally or not ..
Dorks. They look like dorks.
Way to start a holy war
Steve Jobs sucks.
If I just had a logo.
Douchebags won.
Apple was bound to fail anyway. You cannot stop someone from naming something after themself. You cannot trademark a name. You cannot take a persons name out of circulation. If i want to name something John Smith no John Smith can ever stop me from doing so.
The J with the ash on the end cannot infringe on Paul Simon because clearly no-one could smoke a J
Nullius in verba
They admit that they deliberately used his name and his popularity related to Apple. They admit that the logo mimics the Apple logo.
So, it's good that they won via fraud?
but courts are notoriously insular. If Apple challenges the trademark in the US they will probably get a different decision from from the EU.
I hate IP hoarding too but this decision stinks, I hope their brand flops big time and I hope the US courts bankrupt these phonies.
So. You are suggesting that a European company shouldn't be able to steal the Apple logo.
How about this one?
What about Apple Jeans?
Browsing at +1 - no ACs, I ignore their posts. So refreshing!
Apple should rename itself to "Steve Wozniak" in retaliation.
Fucking hell, Prince Charles is posting on slashdot!
And with all due respect, you're talking out of your royal arse. There's Barbara (actress) and Bobby (Rugby player) just off the top of my head.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
URSINE ; `^ J ; `^ FERRO . INBUILT `INBUILT . JIU on FERRO .
J tot J on J J on J tot J `J tot J `J us are `JIU . J tot J `
J tot J . J . J . J us are J tot J `J us are . J on J us are
J tot J `J tot J `J `HECK `J tot J `FERRO tot J ; `^ FERRO .
J tot J `INBUILT `J tot J `J tot J `J us are `us are ; `^ J `
J tot J `J tot J `J tot J `J tot J `J us are ; `^ . J tot J `
URSINE . J tot J . FERRO . INBUILT `INBUILT us are . FERRO .
Awesome! I need to start trademarking names of famous world leaders and start producing cheap ass products out of Blangadesh or Pakistan.... sorry mate Chinaâ(TM)s quality is improving too fast and getting too expensive...
Some ideas to start...
Xi JingPingâ(TM)s Jingle Bell Playhouse
Macronâ(TM)s Macaronis
Merkelâ(TM)s Market
Obamaâ(TM)s Abominations (sells weird ass stuff like voodoo dolls and white Arabic words on black flags like âoeLoveâ, âoePeaceâ, âoeCareâ and âoeNobel Priceâ)
Clintonâ(TM)s Wontons
Bushâ(TM)s Bushes
Theresaâ(TM)s Mayhem Brexit Trinkets
Trumpâ(TM)s.... shit thatâ(TM)s already trademarked
Erdogans Ninjitsu Collectibles
Abeâ(TM)s Abominations (war criminal shrine replicas)
Kimmy Jongâ(TM)s Undies
Natanyahuâ(TM)s Hoolahoops
Hamas Hamsters
China
If nobody can really perceive it as something with a bite mark, then why would anyone use the terms "appears bitten" to describe it?
Clearly it can be perceived as a bite mark, even if what is being depicted cannot be eaten.
File under 'M' for 'Manic ranting'
I will not pretend to have any particular knowledge of applicable rules/laws, not even for my own country. However, I wonder if selling electronic devices (which Apple is well known for) might result in a different decision? And certainly, if they attempt to sell outside of the EU (*cough*America*cough*), I imagine Apple consider pursuing similar cases in attempts to forbid the import/sale.
So you've been to every prison to personally ensure there's no golf there. You've got some clout!
Derp... That should have been trademark. Thanks for the correction.
Creating a brand name (and a logo) is one thing. Running a successful company, selling desirable products, is another. Given the large percentage of companies that fail, and given how crowded the clothing market is, they will probably soon disappear after this ephemeral hour of stolen glory, at which point Apple will probably be quick to snatch back the trademark. Not that Apple should own it, really. Jobs’ family should.
karma
by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
In trying to use any Apple Products and apps in the future, I'm sure Apple will have no problem making sure all your iPhones, transactions and customers work just fine...
Usually smaller companies tend to have my support, but in this case it appears that those brothers used a blatant loophole to steal a chunk off somebody's image, and they don't even sell those polos.
Just like the judgments against Microsoft, the merits of the case don't matter; this is just an indirect protectionism of European companies, instead of a free market.
Vincenzo and Giacomo Barbato
"Everybody's naked underneath" -- The Doctor
I'll never buy anything with that brand on it or associated with that brand or the people involved in the lawsuit.
I'd like to see more name & shame news articles for sleezy business and politics.
Why should an Italian clothing company use an english-sounding brand? Italy, together with France, is the world's leading fashion superpower.
If I have to buy clothing, I feel instinctively more attracted to Italian-sounding brands. If I want to look "cool", I wear Armani, Versace, Prada, Dolce&Gabbana..., I don't want to wear "Steve Jobs". Only the most desperate apple fanboys would.
It would have been a lot cheaper to do what they probably wanted Apple to do, and just buy the brand off them. "the company plans to produce electronic devices under the Steve Jobs brand" I'll bet they do, it's a really good way of incentivizing a high number purchase offer.
I'm almost certain they just did this to be edgy...
Few people in the general public know who Steve Jobs was.
E Proelio Veritas.
There's only one product it makes sense for them to sell: black turtlenecks. Everything else is ironic.
-Dave
I fail to see how registering some famous person name who is not related to your company is even possible. We are not talking about someone who has been dead for so long there are not any living relatives, Steve Jobs died a few years ago. So now any company in the world will have to register all its famous members names, lest someone register it first? Ridiculous. And for the record, I strongly dislike Apple, and I'm European myself, but I think in this case they were right.
Hum, for a business who’s presumed to have been running successfully on Jobs’ coattails since 2014, they’ve been keeping a remarkably low profile. Searching for clothing, jeans or Barbato (or other combinations) returns nothing about them if the search is restricted to pages published before this month. Since you appear to know about them, could you point us to their past financial statements (annual gross income, sales volume, etc.)?
But, you’re right on one point: they’ve certainly managed to get a lot of free publicity. I wouldn’t say “extra” publicity, given that they seem to have been unknown until now. And though the saying goes that there is no such thing as bad publicity, I’m not entirely sure that people will be so unembarrassed wearing a brand name that was rather universally derided for ripping off Jobs’ name and Apple’s logo. Unless they aim for the ultra-cheap low-class bling category, may be.
Apple has nothing to say.