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Another Logo Sets Apple’s Lawyers Off

Picture 5

The latest corporate apple to be taken to court by Apple is Woolworths, an Australian supermarket chain.

They 80-year-old company restyled their “W” to look like an apple, meant to symbolize fresh produce.

Apple’s lawyers are seeing red, just as they did with the Canadian school, and hope to convince IP Australia, the federal agency that governs trademarks down under, to repeal Woolworths’ application, made last August, to trademark its new logo, according to The Age.

Picture 2

The man who designed it, Hans Hulsbosch, said Apple was taking trademark protection ”to the extreme”. ”Based on this logic, they would have to take action against every fruit-seller.”

Apple has so far declined to comment.

The speculation? That the Aussie retailer has requested a blanket trademark, leaving open the possibility that it could slap that apple on “fresh” computer products and home electronics. It already sells own-brand credit cards and mobile phone plans.

The retailer is expected to fight, since the rebranding took it from being  “seen as a dowdy brand for the uninspired older woman, it was a sensible and unexciting choice… Since it has reinvented itself…it has positioned itself as a brand that understands what people want,” according to brandchannel.

Via The Age

About the author

nicole_martinelli

Nicole Martinelli was born in San Francisco and has lived in Milan and Florence, Italy. Cultish tendencies and love for DIY increased while living on the Old Continent, where tech came late and cost more in Big Mac index terms. She's written for Wired.com, The New York Times and Newsweek, and since 1999 on her site, Zoomata. If you're so inclined, friend her on Facebook or connect on Linked in.

Email the author | Read more posts by Nicole Martinelli.

13 comments

    Wow, this is indeed extreme on the part of Apple. The Woolworth’s logo is very unique, not resembling Apple’s at all. It has a distinct W and it is GREEN, too! C’mon APPLE!

    Come on… really?

    The way these things are decided is by determining whether or not the Woolworth logo is ‘confusingly similar’ to the Apple logo. My judgement tells me that you can’t mistake one for the other, so I bet Apple gets slapped down here.

    In New Zealand they use this logo for the supermarket chain Countdown. with a bit of creativity you can see the c& d in it.

    this sounds just a bit familiar…didn’t apple records and apple computers have this debate?

    http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer

    I agree with protecting your trademark IF there is the risk of confusion between brands in a specific market place. Such as two companies selling mobile phone devices.

    But, it is very unlikely that Woolworths will ever brand any electronic consumer device with this logo. Woolworths create sub-brands for all their product lines for FMCGs, credit cards, phone plans, etc…

    For example, their mobile plans do not use the ‘apple’ logo, nor do their credit cards. The overarching brand name of Woolworths is text only, no logo, and is secondary to the stylised product line name which is ‘everyday’, ie: Mobile plan is ‘everyday mobile’ and credit card is ‘everyday money’.

    See: http://www.woolworths.com.au/

    So, prepare to see Apple slapped down in this case. As trademark protection and law is localised per country and does not give Apple the same rights and privileges they might receive in say, the US, I expect the Australian courts to tell Apple to give it up. This will set a tidy precedent too.

    what about this use of a Apple in the bible.
    http://sharonxx.files.wordpress.com/2008/11/eve_apple.jpg
    why don’t Jobs sue God, oh I forgot Jobs is God…

    I think Apple’s In-House Attorneys may be short of work this month, and looking for something to fill their day. Perhaps the Woolworth logo is one of those op-art designs that if you stare at it long enough, is spells out “Buy a PC”.

    The morale of this story is: “Turn your leaf on you apple-logo to the other side and Apple will not have a problem with it.”

    Applebee’s and Gwyneth Paltrow, you’re next!

    This is probably because of the difficulty in protecting your trademark if you don’t challenge any and all similar designs. It’s just too important to chance a judge saying, “but you didn’t challenge this other one…” So you go after everybody to make sure you don’t lose the big one for a possible minor oversight.

    Price Chopper (owned by Sobeys) food stores in Canada have a logo that Apple lawyers may find interesting.
    http://tatteredflag.ca/temporary/pricechopper.png

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