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October 6, 2008

legal

An apple a day does not keep the lawyers away

Posted Oct. 6, ’08, 11:28 AM PT by Dan Moren
Category | Legal

vsbtapple.jpgWe know Apple’s sensitive about its brand identity, which is—in marketspeak—one of the core values that the company continually leverages to bring about synergy. The necessity of defending such identity with terminal intent varies, though.

The latest development to ruffle Apple Legal’s feathers comes from a school in Victoria, British Columbia: the Victoria School of Business and Technology. VSBT offers training in a variety of computer and business subjects, including Mac OS X—in fact, the school largely uses Macs for its infrastructure. Unfortunately, the school also uses an apple shape in its logo, so Apple Legal has dropped a strongly worded letter that claims that VSBT “reproduces, without authority, our client’s Apple Design Logo which it widely uses.”

VSBT vice president Christopher Boag argues that the apple is a “traditional representation of education” and the logo, which has other distinct elements, is not confusable with the Apple logo. I don’t know that it’s utterly impossible for the two to be confused, or to think that the VSBT has some relationship to Apple that doesn’t exist, but it does seem like they’re sufficiently different.

Then again, VSBT’s logo is kind of hideous in the first place, so maybe they should consider this as an opportunity for rebranding.


5 Comments

DBL said:

Apple seems to think it owns any graphical representation of an actual apple. This is not legally possible - therefore, this court case is doomed.

However, at least now we know that Apple believes that merely by gracing this world with its existence, it therefore can take away from everyone the right to draw a freakin' apple and stick it on a product.

Next on the list: IBM files a lawsuit against anything blue.

October 6, 2008 1:12 PM
CVBruce said:

Later that same day, Apple legal filed suit against the Washington State Apple Growers Association, for trade mark infringement.

A spokesperson for Apple suggested that the Washington State apple growers should genetically modify their apples into a more efficient shape such as a cube. She then pointed out that among the numerous benefits, cubic apples would allow the growers to pack more apples in a box, thus reducing shipping costs. Pupils wouldn't have to worry about apples rolling off their teacher's desk.

Apple also suggested that the growers should pick out a new name for their fruit, as Apple was already taken.

October 6, 2008 6:32 PM
Wondercow Author Profile Page said:

@DBL:

Any company with registered trademarks has a duty to vigorously pursue potential infringement lest said company lose their mark. In fact, this is the very reason that any ASA tablet in the U.S. can be called Aspirin: Bayer allowed the dilution of the trademarked name "Aspirin" through general use and thus lost exclusive right to the name (though it still holds rights to "Aspirin" in many countries).

October 6, 2008 8:13 PM
Kit Griffin Author Profile Page said:

Ahh, how ironic - the company that was sued by Apple recording in UK (twice) now turns on the hand that feeds it. That said, the combo of Apple and Mountain Equipment Co-op's "mountain" logo (and the Apple) could, as you say do with replacing. What a wonderful opportunity for a competition - the free (international) press for a relatively small graphics school on Vancouver Island is an opportunity, not to be missed!

October 7, 2008 6:10 AM
Jennifer said:

I agree with Apple all the way!

October 7, 2008 4:21 PM

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