Newsletter - Volume 53, June 2010

Apple Stew

Apple Inc.'s January 16th Notice of Opposition to New York City's trademark application for the GreeNYC apple-shaped logo is currently attracting harsh criticism and stirring much debate.

The opposed trademark is intended for New York City's new campaign to raise environmental awareness, and it is starting to appear on everything from hybrid gasoline-electric taxicabs to recyclable grocery bags.

Apple points out in its opposition that it has extensively used and advertised the Apple logo since at least 1977, and that today Apple is one of the best-known and most valuable brands in the world. On a local level, since 2002 Apple has opened three retail stores in Manhattan which are quickly becoming popular tourist attractions. Due to the allegedly similar appearance and commercial impressions of the two marks, the similarity of goods and services, the likelihood of confusion and risk of dilution of the Apple logo's distinctiveness, Apple believes it will be damaged by the issuance of the applicant's trademark.

No doubt this is not the last dispute that will arise in the Go-Green craze. The word "green" appeared in 2400 trademark applications in 2007, doubling the number of its appearances in 2006 and becoming the most popular word in all 2007 applications.




Disclaimer: The contents of this newsletter are presented for information purpose only, and as such are not intended to constitute legal advice and should not be construed as such or acted upon without seeking advice of legal counsel. This information is not intended to and shall not create an attorney-client relationship of any kind or nature with IpHorgan Ltd. Please contact the firm with queries, concerns or for further details regarding the information presented herein. The entire contents are current only as of the date of the newsletter and are not to be interpreted as the opinions of our clients past, present, pending or future. (c)2010, IpHorgan Ltd. All Rights Reserved.