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

[mariusignorello]

So Apple is good business partners with the Chinese and they stab Apple in the back like this.

Do you REALLY think Apple said “oh yes, let’s copy this random clothing company’s logo”?

 

[Thenephi]

Whoa whoa whoa, China has intellectual property?

 

[C DM]

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

“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.

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

If I recall correctly there is a company in China that was ruled to be allowed to use the "iPhone" name as long as it's not associated with Apple. Seems like this can fall under something similar where Apple could use the logo/image as long as it's not associated with the clothing retailer.

 

[Contact_Feanor]

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

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

So, because the government is corrupt and the copy right laws in the country show little to no respect to foreign companies the businesses in that country should just go without any protection at all? Don't be a hypocrite... No, I don't think damages should be payed, but I can see why the company would want the logo changed. Like someone else said: I see that hat, I think "Apple Store". Cases like that are exactly why trademark protection exists...

 

[cmwade77]

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

I believe China's copyright laws are a little different and they don't make this distinction, which would mean Apple would clearly be in violation here, as while there are some differences, the logos are indeed very similar.

Additionally, even if it did have to be in the same market, I could see a case being made that if the clothing company wanted to create an App and put it in the app store it could cause confusion for consumers. And I think that would be a very legitimate case to be made.

 

[Gilligan's last elephant]

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?

Just pretend that some company had copied an Apple logo.

 

[Ries]

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.

That isn't even looking like theirs.

 

[oldhifi]

should be a apple logo, like my avatar

 

[Kabeyun]

Ah. Didn’t realize the triangle was patented.

but the Chinese courts ruled against Apple

I’m shocked, shocked I tell you.

 

[cmwade77]

Whoa whoa whoa, China has intellectual property?

Yes and they are trying harder and harder to crack down on those who steal it, but unfortunately it is a very large country and they can only do some much.

 

[Attirex]

long kon

 

[BlueParadox]

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

For more information: https://en.wikipedia.org/wiki/Mac_OS_X_10.0

The Applications icon from OSX 10.0 is very different to the icon Apple use now for the AppStore icon - in OSX 10.0 it is clearly a paintbrush and a pencil resting on a ruler. Whereas the new AppStore icon is 3 interconnected lines - no pencil or paintbrush.

The recently updated AppStore icon has lot more in common with the Kon logo, in my opinion...

 

[stu.h]

Let's try and get some cash ....
No-one even cared or noticed till someones grandson said, oh it looks like the logo on my cap.

*owner rubs hands*

 

[C DM]

I believe China's copyright laws are a little different and they don't make this distinction, which would mean Apple would clearly be in violation here, as while there are some differences, the logos are indeed very similar.

Additionally, even if it did have to be in the same market, I could see a case being made that if the clothing company wanted to create an App and put it in the app store it could cause confusion for consumers. And I think that would be a very legitimate case to be made.

https://www.theverge.com/2016/5/3/1...an-use-the-name-iphone-for-non-apple-products

 

[OldSchoolMacGuy]

Here was the App Store logo when it launched in 2008, a year before this clothing brand did.

 

[frumpy16]

Plot twist: Jonny Ive owns Kon.

 

[iLilana]

that kon logo looks a lot like the original application folder and app store logo. which is an A with pencil brush ruler. the new app store logo is the same with less detail. Kon will loose and have to change their logo. thank you for bringing this to apple's attention.

 

[Westside guy]

Oh the irony of Chinese copyright law.

But if Apple wants Chinese courts to protect their trademarks, they in turn need to respect Chinese court decisions (assuming this one goes against Apple).

On a side note... supposedly the Chinese government is finally starting to take copyright seriously.

 

[M5RahuL]

Economic loss ??? lol.. The Chinese..anything for a dollar!

 

[frumpy16]

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

The blue box is an integral part of Apple's logo. The hat does not remind me of the icon without the blue box IMO.

 

[ouimetnick]

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

If that’s the case, couldn’t I use the Apple logo on my own Apple Juice or Apple Cider? Not the same market.

 

[Westside guy]

Here was the App Store logo when it launched in 2008, a year before this clothing brand did.

Yeah, that old icon is significantly different visually - just look at the arrangement of the individual pieces.

 

[rippley5150]

LMAO

I lived in China off and on for about 15 years.
The best case of Chinese intellectual property rip off I saw was the car company Land Wind. Land Rover / Jaguar took them to court in Beijing and were basically laughed out of court. I wouldn't be surprised if Apple ends up apologizing for hurting the companies feelings lol

 

[bbfc]

There is a similarity. But there is NO economic loss for KON!

 

[pradeepbabloo]

economic loss? Are you saying people stopped buying your stuff after apple came up with this logo for their app store?

So when Chinese companies copy stuff from outside world, its OK. But other way round is NOT OK. Shouldn't it be either way?