Yet another day. Yet another brand dust-up featuring Apple. This time, the computer company has filed opposition to the New York City “GreeNYC” logo, claiming it will damage the Cupertino giant and confuse consumers. And oh yeah, it’s an apple..
I’ve always been a fan of Apple. Have used a Macintosh beginning in the mid-90s (shortly after my beloved Commodore Amiga desktop went belly-up for the last time). We use Apples at the shop, and an iPod is a permanent fixture on every vehicle I own. Once my Blackberry gives up the ghost, I’ll probably pick up a snappy new iPhone as well. Apple creates cool stuff, and for the most part, the company seems, well, cool too.
When protecting brands looks mean..
Sometimes however, corporate meanness gets in the way of cool, and even a great company like Apple makes a serious misstep that threatens to paint them as a thuggish corporate juggernaut – the very opposite of the Cupertino company’s carefully germinated brand. There was that skirmish with recording label Apple – The Beatles‘ stomping ground – over whether iTunes was in conflict with an earlier coexistence agreement (the courts decided it wasn’t). That was okay – Apple came out unscathed, seeming like they were defending the rights of teenagers to download MP3s (legally) from the online music service. This time, Apple may not be seen as the good guy, and initial internet grumblings see the popular company being called everything from bullys to enviro-thugs. At the risk of losing my Macintosh ‘fan-boy’ status, I don’t think there’s any way for Apple to win this one, and the company’s ‘cool’ image has already taken a hit.
Apple claims the NYC logo will “injure” the corporation.
At issue is the logo design for New York City’s environmentally friendly GreeNYC campaign, the logo (left) for which is plastered over everything from bus shelters to hybrid gasoline-electric taxicabs, billboards to recycled paper shopping bags. The GreeNYC logo features a stylized apple graphically constructed from an infinity symbol, based on the recycle logo and representing the recycling component of the green campaign. The city has applied for a trademark on the logo, but Apple has filed a formal opposition, claiming that the design infringes on its trademark. Apple is requesting that the trademark be denied, on the grounds that the NYC logo will confuse people and (not making this up)
“..seriously injure the reputation which Apple has established for its goods and services.”
New York City’s response is almost indignant:
“The city believes that Apple’s claims have no merit and that no consumer is likely to be confused.”
According to Gerald Singleton, and intellectual-property lawyer representing NYC, “This well-known city is using its new design in a variety of contexts that have absolutely nothing to do with Apple Inc.”
Before bringing out the legal big guns, Apple will commission a series of independent surveys – industry speak for folks with clipboards in shopping malls and sidewalks – to assemble evidence proving that the mark can be confused with the computer manufacturers brand or dilutes the logo in a way that is damaging to their overall image. The dispute will take place over the next few months, before a final decision is made by the Trademark Trial and Appeal Board of the patent office sometime in the fall.
Personally, I don’t think Apple stands a chance – the logos aren’t similar enough – and a quick trip through any Yellow Pages will find tons of companies using Apple imagery on everything from accounting to real estate logos. Taking on an environmental campaign – in today’s political climate – certainly won’t win Apple any friends either.For what it’s worth, New York City marketing campaigns have always been brilliant, most notably the I Love New York logo – designed by Milton Glaser in 1971 and arguably one of the most successful branding projects in history (above).