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Cranky Apple lawyers go after NYC green logo

Sometimes you have to think that we'd all be better off if Apple's marketing and trademark folks just dropped the corporate legal department out of their Rolodexes. Last week Bloomberg & Wired reported that Apple is still challenging the New York City environmental initiative GreenNYC's logo, which does look like an apple but not all that much like this Apple's apple. The trademark dispute hinges on the likelihood of public confusion and the possible dilution of Apple's mark, both of which seem to fail the silly test -- but you never do know.

Considering that Apple was on the receiving end of a trademark fight with the Beatles for decades, it's not clear why it's prudent or necessary for the company to pick a fight with a city known as "the Big Apple" since before the invention of the vacuum tube. I guess once you stake out your orchard, you have to make sure those darn kids don't steal the fruit. More on this story from BloggingStocks and the NYT.

Update: Nilay Patel at Engadget (who is a lawyer) describes the opposition filing as a normal part of the trademark process. Still seems kind of petty.

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Bad Apple

Sometimes you have to think that we'd all be better off if Apple's marketing and trademark folks just dropped the corporate legal...
 

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appleLova

I say more power to New York. The New York logo IS an extremely valuable trademark right now. It would be incredibly dumb of New York not to protect it. Anyone who has a problem with that can go fly a kite. Apple does not need the approval of the Peanut user to take care of business.

Great statement, alansky, isn't it?

April 07 2008 at 5:23 PM Report abuse rate up rate down Reply
alansky

I say more power to Apple. The Apple logo IS an extremely valuable trademark right now. It would be incredibly dumb of Apple not to protect it. Anyone who has a problem with that can go fly a kite. Apple does not need the approval of the Peanut Gallery to take care of business.

April 07 2008 at 1:33 PM Report abuse rate up rate down Reply
hugmup

There is no trademark police, just as there is no copyright police. You have to defend your trademark (or copyright) yourself or you lose it.

I don't think Apple cares whether they win or lose the case. If Apple loses the case, they have a court ruling that New York did not infringe on their trademark, and the existence of the law suit proves that they actively their trademark. Losing the case is just as much a victory as winning the case, because in the future, no one will be able to claim that Apple acquiesced to the dilution of their trademark.

I'm sure Apple doesn't enjoy spending the money and that its legal team has a "here we go again" attitude, but it's necessary.

April 07 2008 at 7:46 AM Report abuse rate up rate down Reply
Greathouse

Is this Digg?

First, BobbyW runs his mouth on stare decisis and demonstrates ignorance of US law, while managing to offer some irrelevant marketing advice for a legal question.

Michael, next time you do a legal comment, you should spend 5 minutes browsing Wikipedia, and you won't get called out so harshly. (In this case, you would have gone to Trademark > Dilution.)
http://en.wikipedia.org/wiki/Trademark#Dilution

Apple is nearly obligated to speak up when their attention is drawn to something like this. The lesson here is to not name your fledgling company after a common fruit.

April 07 2008 at 2:33 AM Report abuse rate up rate down Reply
Trevor

It makes plenty of sense for Apple to be against this. It's easy for a company or group to gain stickiness using an already extremely sticky symbol. (sorry to use marketing phrases, but they work)

April 07 2008 at 1:35 AM Report abuse rate up rate down Reply
MyAppleStores.com

I thought they lost last time they tried to take another apple.

MyAppleStores.com

April 07 2008 at 12:18 AM Report abuse rate up rate down Reply
Frn6co

Hmmm lets see

New york originally obtained the BIG APPLE nickname back in 1921.

Apple was not established till 1976 I believe.

How can you honestly mistake NY apple green logo with apples monotone apple?

Diffrent colors. The general public will distinguish both logos just by simply seeing the color. Plus they are totally diffrent. I understand if it was a solid apple and bitten. but the ny logo is a N and Y. totally diffrent in aspect and color.

Apple is way over their heads with this one.

i wonder if soon they will sue the apple itself for copyright infrigement? or maybe they will go after the guy that rendered this picture.

http://matrimonyxpress.com/images/Dec06/apple_bitten.jpg

Since you know people will get confused by looking at it.

April 06 2008 at 10:48 PM Report abuse rate up rate down Reply
timothyjaycolburn

I can see why Apple would want to protect it's logo, but at the same time, I'd think it be a good subliminal message that would help counteract Greenpeace. Apple = Environmentally Green

April 06 2008 at 5:38 PM Report abuse rate up rate down Reply
jsw

In addition to what Hawkman said, trademark policing is not just /pour encourager les autres/. Unlike copyright or patent, trademark law requires you to police your mark -- if you don't police your mark, you run the risk of losing it.

That said, it's a freakin' apple, used by a city in a recycling program -- I'm having a hard time seeing where there's any likelihood of confusion between the two products / entities among the target consumers. Somebody in Apple's legal department has gone a bit off the rails, IMO.

April 06 2008 at 4:44 PM Report abuse rate up rate down Reply
Robert

Please, please do your research before writing ignorant articles like this one. This is not a lawsuit and not a real fight. This is one company defending its logo. Your sister blog Engadget posted a piece explaining it all a couple of days ago. You would think that the author might have read it first before posting about an old story.

Engadget article: http://www.engadget.com/2008/04/03/apple-vs-nyc-whats-really-going-on/

April 06 2008 at 4:43 PM Report abuse rate up rate down Reply
3 replies to Robert's comment
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