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Check Out ColorWare's Custom Apple Pencil Pro With a Crayon Design

Which color would you pick, though?
So far, missed the chance at a rainbow or "magic" crayon.
 
This is a stupid idea. They look good when they’re all together, but no one‘s gonna buy five not even more than one and when you look at it by itself, it won’t look any good when they are together and the price for $21 is ridiculous.
 
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Colors are ok though they can be a bit more saturated. However cannot recommend spending nearly double the price of a standard Pencil Pro price even if it comes in nice colors.
 
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jdclifford said:
Somebody, if they haven’t already, should make one that looks like old school #2 pencil.
Click to expand...
I never opt for engraving on my Apple products. But I simply could not resist adding a No. 2 to my Pencil 2.

No2.jpg
 
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They’re fun, but I already have a regular one. That’s too much money just to be cute. People new to the iPadPro might like it if they have the extra money to spare.
 
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jlc1978 said:
Serious question. No one is likely to confuse their product with a Crayola, IMHO. For example, it says crayon, although the script is similar,and while it has stripes they are a bit different from Crayola’s. In addition, there are a lot of real crayons that are similar to Crayola’s but without the name. Beyond the cost to defend the product, do you think Crayola would have a strong case?
Click to expand...
Thank you for the call out. I looked at the images too quickly and am a little embarrassed.

When I saw the "Crayon" filled in oval, I read "Crayola". Now, this is the type of consumer confusion trade dress/mark suits are founded upon. I'd have to believe that somewhere this was already litigated. Specifically, mimicking Crayola's logo with "Crayon" text did not infringe. If not, then yes, I think Crayola has a very strong case.

But, to your point, if it was licensed, I'd expect it to say Crayola.

Thank you!
 
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LawJolla said:
Thank you for the call out. I looked at the images too quickly and am a little embarrassed.

When I saw the "Crayon" filled in oval, I read "Crayola". Now, this is the type of consumer confusion trade dress/mark suits are founded upon. I'd have to believe that somewhere this was already litigated. Specifically, mimicking Crayola's logo with "Crayon" text did not infringe. If not, then yes, I think Crayola has a very strong case.

But, to your point, if it was licensed, I'd expect it to say Crayola.

Thank you!
Click to expand...
Those wavy bands sure help with the confusion, and it looks like generic makers, like Rose Art, don't copy them. I'd buy the argument those are infringing; the Crayola ones have a single wavy line in each black band, while these have two.
 
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JapanApple said:
The wavey part of the canyon is copywritten by Crayola Crayon. So yes
Click to expand...
No it isn't.

Simple geometric shapes are not copyrightable. There's zero chance of an enforceable copyright on that.

It's questionable if it's even distinctive enough to be trademarkable.
 
HighwaySnowman said:
No it isn't.

Simple geometric shapes are not copyrightable. There's zero chance of an enforceable copyright on that.

It's questionable if it's even distinctive enough to be trademarkable.
Click to expand...
You need to do deep research. Assumptions are just that…… wavey part of the canyon art design is copywritten

1744590327330.png

Wordmark
Status
LIVE REGISTERED
Goods & services
IC 016: CRAYONS, MARKERS, CRAYON SHARPENERS, ART KITS COMPRISING...
outbound
Class 016
Serial 73489703
Owners
CRAYOLA PROPERTIES, INC. (CORPORATION; DELAWARE, USA)
www.uspto.gov

United States Patent and Trademark Office

Home page of the United States Patent and Trademark Office's main web site.
www.uspto.gov www.uspto.gov
 
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JapanApple said:
You need to do deep research. Assumptions are just that…… wavey part of the canyon art design is copywritten

View attachment 2501865
Wordmark
Status
LIVE REGISTERED
Goods & services
IC 016: CRAYONS, MARKERS, CRAYON SHARPENERS, ART KITS COMPRISING...
outbound
Class 016
Serial 73489703
Owners
CRAYOLA PROPERTIES, INC. (CORPORATION; DELAWARE, USA)
www.uspto.gov

United States Patent and Trademark Office

Home page of the United States Patent and Trademark Office's main web site.
www.uspto.gov www.uspto.gov
Click to expand...
Interestingly, the filing does not include stylus or pencils.
 
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JapanApple said:
You need to do deep research. Assumptions are just that…… wavey part of the canyon art design is copywritten

View attachment 2501865
Wordmark
Status
LIVE REGISTERED
Goods & services
IC 016: CRAYONS, MARKERS, CRAYON SHARPENERS, ART KITS COMPRISING...
outbound
Class 016
Serial 73489703
Owners
CRAYOLA PROPERTIES, INC. (CORPORATION; DELAWARE, USA)
www.uspto.gov

United States Patent and Trademark Office

Home page of the United States Patent and Trademark Office's main web site.
www.uspto.gov www.uspto.gov
Click to expand...
That's a trademark.

Everything is copy written as soon as its written down / produced.
 
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