How similar is too similar? It seems that the U.S. Patent and Trademark Office will soon let us know based on the claim filed against GreeNYC.
Apple Computers is claiming that the logo in question (a stylized apple composed of an infinity sign with a stalk and leaf) could cause confusion for the consumers. According to the claim files, the mark in questions is “very similar to the [Apple mark] in appearance and commercial impression.” The claim goes on to state that “any defect, objection or fault found with [GreeNYC] goods and or services marketed under [the mark] would necessarily reflect upon and seriously injure the reputation which [Apple] has established for its goods and services.”
A counter claim has been filed, and I for one feel this case should be dismissed. The logo marks, their use and brand application, and the core message which they stand for, create two very different brands. An apple is not always an APPLE.
“We believe the ‘infinity apple’ design, and its mission to create environmental awareness are unique and distinctive and do not infringe upon the Apple Computer brand,” said Kimberly Spell, senior VP-communications at NYC & Co.