Apple vs. the Big Apple

New 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. http://www.wired.com/techbiz/it/news/2008/04/apple_vs_apple#

(image credit: NYC & Company)

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.
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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?
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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.
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@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...
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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."
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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!
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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...
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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.
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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?"
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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.
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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.
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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.
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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.
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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.
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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 :)
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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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