Apple vs. the Big Apple

Posted by Miss Cellania in Everything Else on April 3, 2008 at 7:02 am


150_apple_vs_appleNew York City’s GreeNYC campaign has a logo that looks like an apple. It makes sense, as the city is known as The Big Apple. But Apple Inc. says it infringes on their trademark. The computer company has filed in injunction in New York’s trademark application.

The Cupertino, California, company calls for the trademark to be denied, claiming the city’s logo will confuse people and “seriously injure the reputation which [Apple] has established for its goods and services.”

New York says: Getdafugoutaheya.

“The city believes that Apple’s claims have no merit and that no consumer is likely to be confused,” says Gerald Singleton, the intellectual-property lawyer representing the Big Apple. “This well-known city is using its new design in a variety of contexts that have absolutely nothing to do with Apple Inc.”

The dispute is likely to take several months to resolve. Link

(image credit: NYC & Company)


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COMMENT

46 comments to "Apple vs. the Big Apple"

  1. kuanes
    April 3rd, 2008 at 7:13 am

    Apple sure does have some balls, considering the whole thing they went through with the Beatles/Apple Records.

    Makes me hate them just a bit more…

  2. xander
    April 3rd, 2008 at 7:26 am

    I guess they’re operating under the principle of “any publicity is good publicity.” Apple’s is a silly argument.

  3. David Larsen
    April 3rd, 2008 at 7:29 am

    I will dedicate every Apple Fanboi I kill today to the ideals of NYC. Too bad their bodies won’t be found. Ever.

  4. Tempscire
    April 3rd, 2008 at 7:58 am

    Respect for Apple…dropping…

  5. sparge
    April 3rd, 2008 at 7:59 am

    Recoculous

  6. mjgolli
    April 3rd, 2008 at 8:06 am

    Oy vay! Is the Beatles’ label Apple Corps going to sue as well? How can one confuse a hand-drawn apple and a name like GreenNYC with the stylized apple of Apple Computer? Sheesh!

    NYC was the Big Apple way before Apple Computer was a gleam in its daddy’s eye.

  7. Miss Cellania
    April 3rd, 2008 at 8:10 am

    mjgoli, Apple Corps sued Apple Inc. a few years ago… and lost.

  8. Retrokatze
    April 3rd, 2008 at 8:24 am

    Don’t they have better things to do? Like improving their tech support?!

  9. luke
    April 3rd, 2008 at 8:31 am

    What was apple thinking? They don’t look anything alike.

  10. stacyj
    April 3rd, 2008 at 8:53 am

    Yeah, I can see how Apple’s reputation could be “seriously injured” by inadvertent association with an organization dedicated towards bettering the environment; who among us -doesn’t- get worked up into a frothy rage at the thought of clean air or unpolluted water?

  11. Whitney
    April 3rd, 2008 at 9:22 am

    Apple needs to get over themselves. The logos look nothing alike. Only a complete moron would get confused. I think actual apples should sue Apple! HA!

  12. probinu
    April 3rd, 2008 at 9:26 am

    but I am so inspired, the logo makes me want to be more creative…. wait, wrong story.

  13. probinu
    April 3rd, 2008 at 9:28 am

    Funny how if this were Microsoft then this would headline every blog on the planet. Now that I think about it, NYC does have many buildings, and those buildings have windows, that is blatant trademark infringement.

  14. kuanes
    April 3rd, 2008 at 9:41 am

    @mjgolli and Miss Cellania - didn’t you read my “FIRST!” comment?

    it’s the whole point of how f-ing two-faced Apple is to fight Apple Records’ claims of copyright infringement (which i support…the fight), yet turn around and pull some B.S. like that.

    i can’t even think of a word for it right now, it angers me so.

    self-righteous hypocrites does come to mind, though…

  15. DrJones
    April 3rd, 2008 at 9:43 am

    The NYC logo looks a bit more like a sideways “8,” so maybe the number 8 should sue NYC?

    I think the best solution would be for one of the parties involved to change their logo to something neutral, original and creative, like a banana or an artichoke. Just don’t create the design on a Mac, or you will be sued for using Apple’s creative mojo with the intent of using said mojo to “seriously injure [their] reputation.”

  16. fsmarch
    April 3rd, 2008 at 9:49 am

    Heck! New York City has been known as The Big Apple since the late 1960’s. Apple computer has some nerve!

  17. graffiksguru
    April 3rd, 2008 at 10:10 am

    I can’t tell the difference, they look the same to me.

    /sarcasm

  18. Thomas
    April 3rd, 2008 at 10:38 am

    tarded

  19. Deanie
    April 3rd, 2008 at 11:17 am

    NYC has been The Big Apple since at least the 1920’s. Watch a few very old movies. It was probably The Big Apple before movies were invented!

    Sheesh!

  20. probinu
    April 3rd, 2008 at 11:46 am

    didn’t some celebrity name their kid apple? They should be sued also.

  21. Taylor
    April 3rd, 2008 at 11:47 am

    Its only a matter of time before we start suin

  22. Taylor
    April 3rd, 2008 at 11:48 am

    whoops keyboard malfunction.
    …Anyway, its only a matter of time before we start suing produce. Guard your oranges, people.

  23. Dave9
    April 3rd, 2008 at 11:50 am

    The Apple Corps vs Apple Computer case was about an old agreement they made back in the 70’s where Apple Comp promised not to be involved in anything that would seem like they were selling or making music, and this was to prevent confusion about the name and logo. Then came iTunes…

  24. JoBo S
    April 3rd, 2008 at 11:56 am

    make….the….maddness….STOP!

  25. sigh
    April 3rd, 2008 at 12:19 pm

    Wow, no matter what happens, if Apple ever makes anything with the word “big” in it, NYC should go after Apple.

    I guess I just don’t understand why companies are getting so stupid about their “copyrights” while they completely dash their company reputation.

    And I don’t think very many people would confuse the NYC logo with Apple computer’s logo. NYC’s doesn’t even have a bite mark.

  26. Tony LaRocca
    April 3rd, 2008 at 12:21 pm

    Funny, I didn’t know you could copyright a fruit. What was it Shakespeare said about lawyers…

  27. gmsc
    April 3rd, 2008 at 1:29 pm

    To me, it looks like a half-apple. If anybody should be suing, it should be Apple records, not Apple, Inc..

    I think the case would end rather quickly once it gets to court. The defendants should simply call up a member of Apple, Inc.’s legal team and say, “I’m sure we’ll all agree that one of the most distinguishing marks of Apple, Inc.’s logo is the bite out of the Apple. Would you please point to the bite out of the NYC/Whole Foods apple deptiction? What’s that? You can’t?”

  28. Sofar
    April 3rd, 2008 at 2:27 pm

    Apple Inc. should try hard to remember all the copyright infringement grief they got from Apple Records back in the day.

  29. CheeseDuck
    April 3rd, 2008 at 2:31 pm

    Wow. Why not just sue everything with “apple” in it while you’re at it!

  30. su.wei
    April 3rd, 2008 at 2:56 pm

    oh come on! there are enough apples in the world for everyone.

  31. DrJones
    April 3rd, 2008 at 3:00 pm

    Mmm, maybe Apple should take a long look at their logo and come up with something more creative! :p

  32. SB
    April 3rd, 2008 at 4:13 pm

    I am so sick of companies copyrighting basic common words and phrases that people use everyday. I design t-shirts and there are certain ordinary words like caution and cutie pie that you can’t use because someone has copyrighted them. It’s so annoying. I totally get coming with a brand new word like snogglebuzz and copyrighting that, but the word caution? You should not be able to copyright that.

    Also when is Apple going to sue Gwenith Paltrow for naming her kid Apple? Since they so obviously own the word apple.

  33. ted
    April 3rd, 2008 at 4:13 pm

    Maybe Nissan should sue New York - looks like an infinity sign to me. Sounds like their Infiniti to me.

  34. phoenix
    April 3rd, 2008 at 5:03 pm

    I love me some Apple, but damn - really? Seriously Apple?

    Honestly. :(

  35. caitlin13
    April 3rd, 2008 at 6:10 pm

    Jeez what a bunch of pissed off people. It’s just business, jesus christ.

  36. sigh
    April 3rd, 2008 at 7:52 pm

    Next they’ll copyright the letter “i” since it’s in front of every darn thing they make now.

  37. caitlin13
    April 3rd, 2008 at 8:09 pm

    I’ve read the comments posted here and on Wired, and there is a serious shift in opinion. I was really annoyed with humanity after reading the comments here but I’m happy to see some common sense displayed on Wired.

  38. adriano518
    April 4th, 2008 at 1:31 am

    dont even look remotly similar

  39. JamesM
    April 4th, 2008 at 3:23 am

    Between this, Leopard blue screening after install, their OS being the ONLY system to be compromised out of the box (and fully patched) at Pwn to Own and the case with their LCD spec fraud… Apple is already well underway to becoming the next Microsoft.

  40. Viola
    April 4th, 2008 at 6:25 am

    Hey, Apple… Did you know trees are now *growing* your logo? How dare they infringe upon your copyright! I suggest getting that taken care of immediately.

  41. Dave
    April 4th, 2008 at 7:15 am

    Q: What’s brown and black and looks good on an Apple Legal Rep?
    A: A doberman.

    Another example of Apple’s legal arm tarnishing the reputation of the rest of the organization.

  42. snackcakes
    April 4th, 2008 at 9:27 am

    this is a shame, I hate to see this sort of thing distracting from the quality of interface and culture they have cultivated.

  43. SenorMysterioso
    April 4th, 2008 at 2:01 pm

    Im a mac loyalist but this is ridiculous.

    Next - Apple sues Adam and Eve, Isaac Newton and Johnny Appleseed for copyright infringement.

  44. Alex
    April 4th, 2008 at 5:55 pm

    It’s actually a trademark issue - not a copyright one.

    When you apply for a trademark with the US Patent and Trademark office, new applications are published by the office for public comment (i.e. to give trademark holders opportunity to peruse new applications to see if there are anything that may conflict).

    Because a company doesn’t normally want to spend its time watching the list, they contract services that specialize in doing so. Naturally, to justify their expenses, these services pounce on ANYTHING that resembles - or potentially resembles - the trademark they’re paid to watch.

    A trademark lawyer’s bread and butter is to rebut new trademark applications on behalf of their clients (about 0.5 hours worth of work cutting and pasting a letter from their repertoire of past letters, and they bill for 7 hours) - they submit letters to the USPTO, which will then decide whether to grant the applicant the trademark or not.

    How do I know this? I’ve trademarked stuff in the past - with a lawyer and by myself :)

  45. liphttam1
    April 4th, 2008 at 8:38 pm

    this is why I love the pc

    pc’s are awsome
    pc’s are great
    i love pc’s
    id take em on a date
    GOOOOOO!!!! PC!!! yay

    wow that was spontainios and fun lol XD

  46. Raj
    April 24th, 2008 at 5:55 pm

    I use Apple computers and have for years after getting fed up with PCs. I definitely favor the OS more than any other because of it’s simplicity and reliability. I like them, but I’m not about to paste their logo everywhere and start wearing black long-sleeved shirts with jeans. When Apple does crap like going after NY (or the Beatles’ label) I just shake my head. Nobody’s going to mistake that GreeNYC for a computer, and selling that fruit in grocery stores is not going to ‘confuse the consumer’. Pulleeze. Stop being so petty.


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