Apple Sued for App Store Logo's Resemblance to Chinese Clothing Brand Logo

[MacRumors]

When Apple released the updated App Store as part of iOS 11, the App Store logo got an overhaul. Instead of an "A" made from a pencil, a paintbrush, and a ruler, Apple designed a simpler "A" that looks like it's constructed from popsicle sticks.

As it turns out, Apple's App Store logo bears a resemblance to the logo used by a Chinese clothing brand named KON, and now KON is suing Apple.

According to Phone Radar (via The Verge), KON believes Apple's new logo is a violation of Chinese copyright law. KON is a brand that's been around since 2009, and as The Verge discovered, Baidu Baike, the Chinese equivalent of Wikipedia, says the KON brand was inspired by music like the Sex Pistols, with the logo meant to represent three skeleton bones symbolizing power over death.

KON wants Apple to publicly apologize for using its logo, stop selling devices using the current App Store logo, and pay compensation for economic loss.

The Beijing People's Court has accepted the case and should make a ruling over the course of the next couple of weeks.

Apple in 2016 lost a similar case involving the "IPHONE" trademark that was in use by Chinese leather goods manufacturer Xintong Tiandi Technology. In that case, Apple was aiming to protect its iPhone trademark to prevent Xintong Tiandi from using the iPhone name for its cases, but the Chinese courts ruled against Apple.

Article Link: Apple Sued for App Store Logo's Resemblance to Chinese Clothing Brand Logo

 

[macintoshmac]

Oh Jony...

 

[826317]

I thought you could only successfully sue a company when the trademark is infringed upon in the same market as the original trademark?

 

[sniffies]

Those kon artists can go to hell

 

[840quadra]

IDK, I always see a picnic table. And yes, it is an odd table that nobody would want to sit at .

 

[sorgo †]

Hmm.. Yeah, it does look pretty suspect to me. Sorry, Apple.

 

[Uni Grad]

YES! I was wishing Apple would change back to the old App Store logo, this one just looks hideous. Maybe this will push them over to do that.

 

[skinned66]

Minimalism FTW?

 

[BC2009]

I can see suing Apple and demanding they stop using the logo, but clearly there has been no economic loss -- that is just a money grab.

Personally, I MUCH prefer the old AppStore icon, so I hope Apple's response is to stop using the new icon and revert to the previous one. The old icon had meaning. It reflected the intersection of technology and liberal arts. The new one is just lame.

 

[yanksfan114]

“According to Phone Radar (via The Verge), KON believes Apple's new logo is a violation of Chinese copyright law”

Oh the irony of Chinese copyright law.

 

[Naraxus]

Apple Inc - steal ideas first, settle for a pittance later.

Then again considering Sir Jony Ive ripped off most of his ideas from Dieter Rams this theft isn't surprising.

What was it his mentor once said? Good artists copy, great artists' steal

 

[yanksfan114]

IDK, I always see a picnic table. And yes, it is an odd table that nobody would want to sit at .

I see hot dogs or breadsticks lol

 

[Boatboy24]

Rounded corners are owned by Apple, silly KON.

 

[springsup]

KON is a brand that's been around since 2009

Apple has been using the logo way longer than that. Check out this screenshot of MacOS 10.0, from 2001 (notice the "Applications" icon):

The recent change is a natural evolution of that design. There's no way they should win.

EDIT: And yes, that is Internet Explorer.

 

[JM]

Well, accidental infringement is still infringement. I hope the little guy (because all businesses are the "little guy" compared to Apple) wins.

The AppStore icon really makes Kon's logo look ridiculous.

 

[HarryKeogh]

I can see KON's point. As soon as I saw that baseball cap I thought "App store logo!"

 

[ILikeAllOS]

Now Apple has a reason to go back to the previous icon

 

[asdavis10]

Since this is related to China, Apple will acquiesce and change the App Store logo.

 

[vacafrita]

I thought you could only successfully sue a company when the trademark is infringed upon in the same market as the original trademark?

That's generally the rule under US trademark law. Not idea if that's how Chinese law analyzes it though.

 

[SigurTom]

Economic losses? Did people stop buying their stuff because they thought it was Apple branded? Were they disappointed that free fart apps didn't come with their hat?

 

[Smoothie]

A Chinese company is suddenly concerned about intellectual property protection. Ironic.

 

[rizzo41999]

China is the last place to talk about fair business practices... the fact you need to hand over your IP for market access is just unfathomable. It destroys the very thing that stimulates people to share ideas and make companies such as Apple.

 

[man3ster]

Wow that is a blatant ripoff apple.

 

[veggiedude]

If they win, I hope the Sex Pistols sue them.

 

[oplix]

you mean economic gain through virtue of marketing? of course none of these facts mean anything in a chinese court.