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."

I REALLY hope Apple wins...

[Cedric Tsui (890887)]

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.

Re:I REALLY hope Apple wins...

[peragrin (659227)]

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.

Re:I REALLY hope Apple wins...

[k2enemy (555744)]

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.

Re:I REALLY hope Apple wins...

[omega_dk (1090143)]

Well, that might be true... if there were a lawsuit involved at all. [engadget.com]

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'

Re:I REALLY hope Apple wins...

[Lemmy Caution (8378)]

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: [houstoninternetlaw.com]

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.

Re:I REALLY hope Apple wins...

[mattgoldey (753976)]

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

Re:

[sjames (1099)]

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 l

Re:

[tomhudson (43916)]

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.

Re:

[tubapro12 (896596)]

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

Re:Apple may actually have a case

[Kalriath (849904)]

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.

Re:Apple may actually have a case

[Blakey Rat (99501)]

Look at this example, too:

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

Re:Apple may actually have a case

[by Anonymous Coward]

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.

Re:Apple may actually have a case

[Nightspirit (846159)]

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.

Re:Apple may actually have a case

[inflex (123318)]

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!".

In other news

[shadowofwind (1209890)]

Hasbro sues Idaho over infrignement on Mr. Potato Head brand

Re:In other news

[thegnu (557446)]

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

apple

[by Anonymous Coward]

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

Re:apple

[Frankie70 (803801)]

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

Yes, but why would Steve Jobs sue Apple.

Rainbow and Silver

[retech (1228598)]

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.

In Other News

[Enderandrew (866215)]

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.

Re:

[thegrassyknowl (762218)]

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.

C'mon, Apple!

[christurkel (520220)]

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

To the original submitter of this article --

[Ignis Fatuusz (1084045)]

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/ [engadget.com] 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.

Re:What graphics artists have said...

[the_humeister (922869)]

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.

The differences between the logos:

[argent (18001)]

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.