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Sat, Dec 26, 2009 - 05:35 PM EST  —  AAPL: 209.04 (+6.94, +3.43%)  |  NASDAQ: 2285.69 (+16.05, +0.71%)

Apple mounts legal challenge over Woolworth’s ‘apple’ logo
Monday, October 05, 2009 - 11:48 AM EST

"Woolworths' recently introduced logo is a stylised W resembling a piece of fruit (echoing its 'fresh food people' slogan)," Stephen Withers reports for iTWire. "But Apple thinks the new logo is too similar to the stylised apple design it has used in various forms and colours since the early days of the company."

"Normally, this wouldn't be a problem. Trade marks are granted for specific categories of products and services, allowing Hyundai and Microsoft to use the same trade mark (Excel) for a car and a computer program," Withers reports. "But Woolworths is trying to register its logo as a trademark in Class 9 (among others), which includes 'apparatus for recording, transmission or reproduction of sound or images... calculating machines, data processing equipment and computers... computer devices and computer peripheral devices... [and] computer hardware and software.'"

"Apple has products in all of those categories," Withers reports. "Another issue is that Apple already uses its logo to identify its retail stores."

Full article here.

Julian Lee reports for The Age, "Apple will have to convince IP Australia, the Federal Government agency that governs trademarks, to knock back Woolworths' application - filed in August last year - to trademark its logo."

"Woolworths' application includes a wide class for electrical goods and technology, putting it in direct competition with Apple should the retailer choose to brand computers, music players or other devices," Lee reports. "Woolworths has gone into credit cards and mobile phones, so the likelihood of it going into computers is not too remote."

"Trademark lawyer Trevor Choy said it was common for Apple to prevent others from using anything that resembled an apple in a logo or marketing," Lee reports.

Full article here.

MacDailyNews Take: Clearly, Apple is right to protect themselves against the possibility of Woolworths slapping said logo on some random phones, music players, PCs and/or other electronic devices and potentially confusing consumers and diminishing decades of hard work and money that Apple has invested in their brand's logo - one of the most valuable in the world.

[Thanks to MacDailyNews Reader "Judge Bork" for the heads up.]

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Oct 05, 09 - 10:53 am Comment from: XJMPasadena CA.

Apple jus needs to calm down... N focus on what's relevant.

Oct 05, 09 - 10:55 am Comment from: Macintosher

Now I wonder if this business will go the same way as the UK chain of the same name: bust.

Honestly, if you muck up marketing like that, who will trust you to buy from you? Zune users?

Oct 05, 09 - 10:56 am Comment from: Tetrachloride

If the W logo doesn't appear on computers and iPhones, then Apple should take a cold shower.

Oct 05, 09 - 10:56 am Comment from: XJMPasadena CA.

Apple gettin a lol carried away what's next sueing Washington state for growning apples?

Oct 05, 09 - 11:02 am Comment from: Rike

Wrong! Guarding their trademark is one of the most important things Apple, or any other company, can do.

Oct 05, 09 - 11:04 am Comment from: Gabriel

Um, did you chowderheads *read* what was in the article? Including the snippet about Woolworth's wanting to register this logo such things as 'apparatus for recording, transmission or reproduction of sound or images... calculating machines, data processing equipment and computers... computer devices and computer peripheral devices... [and] computer hardware and software'? Seems like Apple is, at the very least, right to be concerned about this.

Oct 05, 09 - 11:04 am Comment from: liam

Woolworth is still in business? LOL

Can't believe Apple is wasting their time...

Oct 05, 09 - 11:06 am Comment from: iworker

MacItnosher,

Woolworths is a highly successful and profitable Australian retailer. Australian consumers focus more on price and retailing experience and I bet "Woolies" can afford millions to convince Oz consumers about such a change

Oct 05, 09 - 11:07 am Comment from: TheConfuzed1

Woolworth? Is this the same company that used to be in California?

I thought they died off like the dinosaurs.

Oct 05, 09 - 11:13 am Comment from: anaknipedro

This is ridiculous. God created the apple, not Apple Inc.

Oct 05, 09 - 11:18 am Comment from: Jubei

If you people learn to read, Apple is in the right with this one.

Oct 05, 09 - 11:19 am Comment from: Scott Rose

@XJM: You apparently didn't read the article. This may be the most important trademark suit that Apple has ever pursued in its history as a company, because of what Woolworth's is trying to do with the (very similar-looking) logo.

Oct 05, 09 - 11:20 am Comment from: urlow

I would've said Apple is tainting their brand by this stupid stuff but if indeed woolworth does intend to put the logo on said electronic items, that is coming too close. Good catch that Apple caught it so quick

Oct 05, 09 - 11:23 am Comment from: Think

Hmm. Thought Woolworth was bought up by some shoe company in the states. Yep, they are known as Foot Locker.
It appears a separate company overseas licensed the name for their retail stores.

Oct 05, 09 - 11:24 am Comment from: Buster

I initially thought..Big Deal...but if it is in electronics, then it makes sense for Apple to tell them to take a long walk off a short pier.

Oct 05, 09 - 11:26 am Comment from: Jimithy

It would take a pretty hefty idiot to confuse those two logos. I'm sorry, but this is ridiculous.

Oct 05, 09 - 11:28 am Comment from: Amazin1

Take the little stem thing off the top and good to go. I see the W but why the little stem thing? It is not relevant except to bring about possible confusion.

Oct 05, 09 - 11:30 am Comment from: Mormegil

Will the Woolworth's computers come with the "sosumi" alert? wink

Oct 05, 09 - 11:31 am Comment from: ragarcia

Is this the same Woolworth that many years ago was a department store like KMart?

Oct 05, 09 - 11:38 am Comment from: radiomoscow

this logo has been around for at least 18months
apple you are too slow
but right to stop it

Oct 05, 09 - 11:39 am Comment from: Australian Woolies, not US or UK

This is the Australian Woolworths and has NO connection with the US or UK Woolworths. Woolworths are Australia's largest retailer, recording just under $4 billion profit last year.

Oct 05, 09 - 11:39 am Comment from: ragarcia

Nevermind, I wiki'ed it and answered my own question.

Oct 05, 09 - 11:42 am Comment from: Thinker

I submit that anyone who could EVER confuse Apple's logo with the one which Woolworth's is proposing needs to get their eyes examined.

If the W had a bite out of it, Apple's apparent anger might be justified. But, since I doubt that even a drunk colorblind person would confuse the two logos as currently designed, Apple's legal department needs to calm down!

PS: I hope that Apple's rainbow-style logo makes a comeback in the near future...

Oct 05, 09 - 11:45 am Comment from: jmck

This is crazy. If you look at a Woolworths store in Australia or even their website (http://woolworths.com.au/) .. The 'W' logo always has the words Woolworths next too it. There is no way you can confuse the logos.

Oct 05, 09 - 11:48 am Comment from: XJMPasadena CA.

Thinker u hit the nail on the head!! Imma ditch my iPhone for a label!!!!! Yessss!!

Oct 05, 09 - 11:50 am Comment from: mrboma

I don't think Apple has a case. The W looks almost nothing like Apple's logo. I think it is well designed and clever. They should just change the direction of the stem, and that should be enough.

Oct 05, 09 - 11:50 am Comment from: Macintosher

@iworker

Woolworths in the UK, which was a huge chain, went out of business because of a lack of appeal and dodgy finances. I understand the differences, but the shops with that name all seem to have marketing issues!

Oct 05, 09 - 11:52 am Comment from: XJMPasadena CA.

Rike

r u sayin u r so dumb that u would get the two labels confused?

Oct 05, 09 - 11:59 am Comment from: XJMPasadena CA.

I meant to go but a mac book but since I was unable to tell the green "w" apart from white apple logo I accidently bought a 5 dollar Woolworth calculator oops

Oct 05, 09 - 12:05 pm Comment from: Bizlaw

OK, people, try reading the article before spouting off about something which you don't know anything.

One of the primary concerns of any trademark holder is protecting your mark. If you don't protect it, it can get watered down or you may lose your rights to exclude others from using it. Apple is not only within its rights to oppose the trademark, it really must oppose it in order to protect its own brand.

Apple has one of the most valuable brands in the world, which has been built through years of work. It has to protect that value.

Also, note that this is a new logo for Woolworth's. Although the article doesn't say, it is very likely that Apple filed an objection to the logo for usage in the specific categories which overlap Apple's business.

In other words, this is part of the typical trademark process. An applicant files for a trademark, a notice of pending application is published, and there is an opportunity for anyone to file an objection to the trademark and/or the categories to which it is being applied. This appears to be what Apple is doing. This is NOT a lawsuit.

Oct 05, 09 - 12:07 pm Comment from: XJMPasadena CA.

Omg u wrote a book I bet what u wrote is longer than apples filed complaint.

Oct 05, 09 - 12:08 pm Comment from: Jim - TIV

Guess they don't teach grammar, spelling, or syntax in pasadena anymore...

Let's see if they teach reading comprehension...

Oct 05, 09 - 12:12 pm Comment from: Mac112dk

Apple must protect their logo - but honestly, this case is a bit thin…

Oct 05, 09 - 12:14 pm Comment from: Jim - TIV

I agree that the logo doesn't look much like Apple's. It does however have the same basic shape, and they are going to put it on many of the same kind of products that will be sold by Apple. It's simply brand protection as Bizlaw wrote. Only time will tell if they win, but I doubt that they will lose money over this.

Oct 05, 09 - 12:34 pm Comment from: Grego

I don't think the logos are close enough to warrant a suit. I realize Apple must protect their trademark, but I think they are over reaching with this one.

Oct 05, 09 - 12:34 pm Comment from: His Shadow

from: anaknipedro

God created the apple


God? We have no need of that hypothesis.

Oct 05, 09 - 12:35 pm Comment from: Anonymous©

The Woolworth family have a huge estate on my lake, Lake Cobbossee. 600 acres, three large houses. It's for sale. $4M last I heard.

Oct 05, 09 - 12:35 pm Comment from: rattiemouse

"It would take a pretty hefty idiot to confuse those two logos."

Bam! You just named the entire MDN readership.

Oct 05, 09 - 12:43 pm Comment from: Ron Robertson

I think apple has to object to this logo. Keep in mind that putting that logo on electronic devices, it'll be much smaller in many cases, and less obviously different. Just because it's obviously different side by side with Apple's logo, doesn't mean it will look so different by itself and a smaller size without an actual apple logo to compare it to.

Oct 05, 09 - 12:59 pm Comment from: The Other Other Steve Jobs

The judge should tell Apple to grow a collective brain. Apple's lawsuit is as stupid as MS's attempt to copyright the word windows.

Anyone confusing a green W and stem with Apple's apple is an ambulance-chasing shyster with a loan payment due on his boat.

Oct 05, 09 - 01:05 pm Comment from: Me In LA

The logo is FINE - sans the leaf.
Why would Woolworth's need that if not to spark ire with Apple?
Explain that, then I'll decide.

Oct 05, 09 - 01:08 pm Comment from: Ben Dover

That logo on an cheesy music player will hurt apple brand. Show me any font style where the w has a stem.

Oct 05, 09 - 01:16 pm Comment from: Sarasota

Thank Goodness Apple itself has never infringed on a trade name before, especially that of a music company.

Oct 05, 09 - 01:19 pm Comment from: Me In LA

@ Sarasota,

Before you show what a dope you are - do some research on the topic...oops, too late.

Oct 05, 09 - 01:21 pm Comment from: LTD*

Guys, read the article. It isn't the logo in particular that Apple is concerned about.

Oct 05, 09 - 01:28 pm Comment from: Military Police

It's funny, because the Woolworth's logo is one that was featured prominently (in a special focus section) in the LogoLounge 5 book, which is one of the premier showcases of new logo designs. They showed how it was designed, various alternates that were considered, etc. Personally I don't find them close enough in style to be the least bit confusing. But the courts will have to decide.

Oct 05, 09 - 01:33 pm Comment from: Thinker

To those of you who are arguing that this isn't about the logo, perhaps you should do a Google search regarding Apple's legal action against GreeNYC!

Oct 05, 09 - 01:41 pm Comment from: Buster

@Anonymous©
You own a lake? Wow!

Oct 05, 09 - 01:51 pm Comment from: Dallasm

This just in: Apple sues your grandmother telling you that "An Apple a day, keeps the doctor away".

Oct 05, 09 - 02:16 pm Comment from: Hint Hammer

Wow! Lots of AppleHaters here today.

Don't you guys have a Windows 7 launcher party to set up?

Oct 05, 09 - 02:16 pm Comment from: Macjammer

I agree with some of you poster that Apple, Inc is right to sue to protect its brand image from any company wanting to use something too similar.

As noted Woolworths also sell electronic devices such as computers and music players.

Remember brand recognition is very important to any commercial business after all for many corporations it is the brand imagery that enabled that business to succeed. For instance Hoover the brand maker of vacuum cleaners, it is because of their brand imagery why we tend to call vacuum cleaners here in the UK, Hoovers, even for vacuum cleaners not made by Hoover!

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