Apple Attempts to Block 'Nearly Identical' Logo From Trademarking

[MacRumors]

Apple is opposing the trademarking of a bottled water business's logo since it argues that it can be easily mistaken for its own (via Law Street).

Apple filed a notice of opposition with the Trademark Trial and Appeal Board against Georgette LLC's logo, asserting that its brand will be damaged if the applicant's logo is registered because of dilution and the likelihood of consumer confusion, mistake, or deception.

Georgette's logo depicts a whole apple with the words "I am Arcus" over it, and with two leaves. Apple's logo, on the other hand, has a bite out of its right-hand side, and a single leaf. Apple says that the applicant's logo "features a stylized apple design with a right-angled, detached leaf, rendering it visually similar to Apple's famous Apple Marks."

Consumers encountering Applicant's Mark are likely to associate the mark with Apple. Applicant's Mark features a stylized apple design with a right-angled, detached leaf, rendering it visually similar to Apple’s famous Apple Marks. Indeed, the overall shape of Applicant's apple design is nearly identical to the shape of the Apple Logo

An image enclosed in the filing overlays Georgette's logo with Apple's logo, to reveal that they are even dimensionally similar.

Apple argues that since 1977 it has used its logo, which has gone on to become distinctive and gain a high level of consumer recognition and goodwill.

Applicant's Mark readily calls to mind Apple's famous Apple Logo given the visual similarities, and the Apple Marks are so famous and instantly recognizable that the similarities in Applicant's Mark will overshadow any minor differences and cause the ordinary consumer to believe that Applicant is related to, affiliated with or endorsed by Apple.

Beyond the obvious similarities between Apple's logo and that of Georgette, Apple is also arguing that it sells "goods related to beverages" featuring its logo, including mugs, thermal bottles, and water bottles, such as those available to customers exclusively at the Apple Park Visitor Center. Since Georgette wants to trademark its logo for "purified drinking water; bottled water," Apple believes this is even greater grounds to refuse the application.

Last year, Apple initiated trademark litigation with a small company called "Prepear," arguing that its pear-shaped logo was too similar to its own mark. Prepear ultimately changed its logo to bring the dispute to an end, but Apple continues to fiercely guard the trademark of its logo.

Article Link: Apple Attempts to Block 'Nearly Identical' Logo From Trademarking

 

[Sneakz]

Yeah, gotta side with Apple on this one. That overlay says it all.

 

[yaxomoxay]

Apple’s legal team doesn’t have enough to do so they start these ridiculous cases.

I'd say that Apple has a case here. Not saying that Apple will win in court, but they do have a case to make.

 

[Octopuss]

They sued Pear, now they found a random apple, time to tell them about Newton and his apple.

 

[mystery hill]

I'd say that Apple has a case here. Not saying that Apple will win in court, but they do have a case to make.

Yes, in this case. But they have been going after other companies for silly reasons, like the one using the pear logo.

 

[yaxomoxay]

Yes, in this case. But they have been going after other companies for silly reasons, like the one using the pear logo.

yeah I remember that one, which was silly. This one is pretty self evident.

 

[TonyC28]

Now this one makes sense. The pear was one was ridiculous, but Apple has a case here.

 

[Blackstick]

If I had a small bottled water business where legal fees could doom it, I'd stay away from the Apple logo as much as I would Coca-Cola's iconic, contoured glass bottle shape.

 

[laz232]

I realise Apple has to do this (trademarks require active protection to prevent their loss) - but megacorps owning the rights and trade dress to everyday objects is terrible for human freedom.
Welcome to the dystopian future - brought to you Coca-Cola, Apple, amazon, and OmniCorp...

 

[yaxomoxay]

I realise Apple has to do this (trademarks require active protection to prevent their loss) - but megacorps owning the rights and trade dress to everyday objects is terrible for human freedom.
Welcome to the dystopian future - brought to you Coca-Cola, Apple, amazon, and OmniCorp...

Well, Apple doesn't own the rights to an apple in all its shapes and forms, but to a rendition of it. Changing one of two features does not change that the underlying logo is virtually identical to Apple's.

 

[Dom_]

Yeah it really is awful for customers if companies have logos that are too similar, especially if you're in a similar business - like Apple and this water company.

 

[CLS9]

I have to agree. They appear to have used Apple's stylized apple as a template, it's so exact. While I realize Apple has a duty to defend its logo every time they find something similar, this is too close. I'm surprised at the company for even attempting such a lame attempt at a logo. They can't win this one. But look at all the attention they're getting...

 

[Seanm87]

I mean the pear one I thought they were really stretching but must be honest this one is close enough that I think Apple are within their rights to sue.

 

[Psychicbob]

Don’t forget to chop down all those trees that are making multiple copyright infringements

Edit: Jeez! I forgot bots don’t have a sense of humour

 

[AngerDanger]

Wow, yeah, the random design elements on top of the logo really distract from how similar the silhouettes are.

Looks like they put some lines, text, and a monochrome pride flag over the Apple logo.

 

[sniffies]

What a lazy a** logo job

 

[Corsig]

Yeah on this one I’m giving it to Apple. Way too close. In this case it’s comparing Apple to Apple

 

[Nozuka]

The shape is so close, that it must have been copied.... looks like they just mirrored the "complete" half and the leaf and made that one smaller

 

[rp100]

Great artists steal.

 

[Rochy Bay]

Apple is opposing the trademarking of a bottled water business's logo since it argues that it can be easily mistaken for its own (via Law Street).

Apple filed a notice of opposition with the Trademark Trial and Appeal Board against Georgette LLC's logo, asserting that its brand will be damaged if the applicant's logo is registered because of dilution and the likelihood of consumer confusion, mistake, or deception.

Georgette's logo depicts a whole apple with the words "I am Arcus" over it, and with two leaves. Apple's logo, on the other hand, has a bite out of its right-hand side, and a single leaf. Apple says that the applicant's logo "features a stylized apple design with a right-angled, detached leaf, rendering it visually similar to Apple's famous Apple Marks."An image enclosed in the filing overlays Georgette's logo with Apple's logo, to reveal that they are even dimensionally similar.

Apple argues that since 1977 it has used its logo, which has gone on to become distinctive and gain a high level of consumer recognition and goodwill.Beyond the obvious similarities between Apple's logo and that of Georgette, Apple is also arguing that it sells "goods related to beverages" featuring its logo, including mugs, thermal bottles, and water bottles, such as those available to customers exclusively at the Apple Park Visitor Center. Since Georgette wants to trademark its logo for "purified drinking water; bottled water," Apple believes this is even greater grounds to refuse the application.

Last year, Apple initiated trademark litigation with a small company called "Prepear," arguing that its pear-shaped logo was too similar to its own mark. Prepear ultimately changed its logo to bring the dispute to an end, but Apple continues to fiercely guard the trademark of its logo.

Article Link: Apple Attempts to Block 'Nearly Identical' Logo From Trademarking

Big bully after a small business, not surprising. Meanwhile lets hope for more lawsuits about not asking permissions for personalized ads.

 

[Captain Trips]

They can't win this one. But look at all the attention they're getting...

Who knows - maybe this is part of the reason that company chose their logo. They get a lot of free attention / marketing, then they change to logo to something that isn't so close to another company's logo.

 

[the future]

Great artists steal.

That quote doesn‘t mean what you think it means.

 

[russell_314]

Apple has no choice here. If they don’t defend their trademark they will lose it. That’s the law. All these people upset the Apple is picking on the little guy don’t understand the law. Letting someone use your trademark is like letting someone squat on your land till they own it

 

[lazyrighteye]

Having built a few logos in my day, this is insulting. Sloppy. Amateur. Whomever designed that logo, 100% used Apple’s logo as its base. Obviously. I can’t imagine they’re feeling too good right now. Nor should they.

On the bright side, you get what you pay for. Hire, and pay, real talent when developing your brand. Thanks.

 

[Putzytart]

A quick google of this Georgette Arcus bottled water (which came up with nothing) suggests to me that this is a publicity stunt. As far as I can tell this bottled water doesn't even exist yet. I smell tactics.