Apple, New York City In Legal Dispute Over Logo 254
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."
Re:I REALLY hope Apple wins... (Score:1, Interesting)
I don't see the problem (Score:1, Interesting)
Apple may actually have a case (Score:1, Interesting)
Subject: Apples to Oranges, Image Attached!
Sat Apr 05, 2008 5:16 am
I worked for many years as a graphic designer and found that most artists "borrow" good design. That is what we are taught to do. It's not blatant plagiarism, but used as the root in preliminary design and eventual fruit in this case, of the final design.
After comparing the two side by side, or rather overlayed one atop the other and turned into transparencies, it is clear the original apple logo was used as the basis for the design in question.
If you look closely you can see the greenNYC logo follows the exact curve of the apple and in fact may have been "cookie cut" from an actual Apple Inc. logo using special image editing tools.
You can go through thousands of clip art and dingbats and not come across the same curve. However, I have seen the Apple logo as a symbol in a couple typefaces presumably placed there by a dedicated fan.(???)
It is not uncommon to paste dozens of similar logos and symbols all over the work area to help along the process.
This artist took it a little too far and figured no one would notice. Some of us hear myths about changing a design by a certain percent makes it okay...well not quite.
The designer probably put a stylized letter "S", squashed it, flopped it, and punched it out of the Apple Inc. logo. Then tweaked the ends of the "S" and fused on the stem.
Then they grabbed the Apple Inc. leaf and flopped it and moved it slightly down and to the left.
"Down, and to the left. Down and to the left..."
*image was posted here* [imageshack.us]
I've been guilty of similar blunders, and was surprised when my client caught it...even though it had a different typeface, different colors, different markets AND my own Icon built from scratch!
Too similar he said...no go.
That's when I learned just placing elements the same as another can make you out as a copy cat even though the artwork is your own.
Go easy on the designer...
Probably up way too late, from way too many lattes for way too little money.
I guarantee you Apple Inc. paid more to challenge the design than the actual designer got paid in the first place.
There's just no money in it.
Sad but true.
Many so called design firms hire freelance that are often out of the country like India for mere pennies compared to established firms in the U.S.
You have a better chance of being a movie star than getting rich playing designer! Find a friend in the business and latch on, otherwise you're just another pretty fish.
My 2 cents anyway.
If you can't access the link above just click here or copy and paste the address into your address bar to view the image.
http://img261.imageshack.us/my.php?image=applestoorangesua8.jpg [imageshack.us]
Re:I REALLY hope Apple wins... (Score:2, Interesting)
Re:Apple may actually have a case (Score:4, Interesting)
http://rgov.org/college-media-advisers-08 [rgov.org]
Re:What graphics artists have said... (Score:1, Interesting)
Not to mention the bite is missing, the curved bottom of the Apple logo is a pointed bottom on the NYC logo, there is a stem on the NYC logo, and the leaves don't even curve in the same direction (down for Apple, up for the NYC logo).
All in all, the *only* thing these logos have in common is an apple-like shape. And I think that actual apples own the copyright on that.
Re:I REALLY hope Apple wins... (Score:3, Interesting)
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 limits to their use of the apple logo.
Now they go after one of the best known cities in the world that has been the "Big Apple", complete with apple imagry since before anyone at Apple computers was born.
I suppose next they'll try to sue an orchard.
Re:NYC may have same case as Beatles? (Score:3, Interesting)
Would New York's logo possibly be closer to the Beatle's logo?
Wasn't the eventual outcome that there was no trademark confusion between Apple and Beatles's apple use because they were in different fields at the time (computers vs. music). Of course with the iTunes store, that issue has come up again...
But for NYC vs. Apple, wouldn't similar principles apply -- i.e. they are separate entities that are not likely to be confused?
Hasn't an apple been used in NYC logo-material since before Apple-Computers even existed?
Re:I REALLY hope Apple wins... (Score:2, Interesting)
What a lot of people don't realize is how aggressively lawyers are expected to defend a trademark. Apple's lawyers must show "due diligence" in cases like this, or else they are considered not to be doing their job. Their fear must be that Apple Records or some other preexisting "Apple" company may decide to sublicense their trademark to the makers of knockoff computer products and draw off some marketshare from Apple. Obviously, I think Apple would follow through with their suit and try to defend against borderline cases like this any way they can.
A long time ago, Apple got to keep their name only because they didn't sell records. That seemed fair enough at the time. Now it's not entirely clear who would win should there be a renewed dispute with Apple Records because the computer company has now become the #1 music seller. It would be very interesting to see what would happen if Apple Records began their own iTunes equivalent or licensed their brand to the makers of cheap ipod knockoffs. That would be ironic, but if it never happens it will be because of the credible threat of red ink flowing as a result, created by the lawyers acting as they do, regardless of what seems fair.
Re:I REALLY hope Apple wins... (Score:3, Interesting)
That doesn't make the initial filing any less worthy of ridicule or critique.
I actually don't think Apple has a stake in each and every use of an apple in a logo or other iconic circumstance, any more than T-Mobile does with the color magenta or IBM with stripes.