Comments
Richard Davies wrote: The UK has a good crop of technology pioneers in cloud computing - for example ElasticHosts, FlexiScale, Flexiant, OnApp - and also some strong government initiatives such as G-Cloud. We will have to see whether this kind of technical leadership converts into swift mass-market adoption or not.
Cloud Expo on Google News

SYS-CON.TV
Cloud Expo & Virtualization 2009 East
PLATINUM SPONSORS:
IBM
Smarter Business Solutions Through Dynamic Infrastructure
IBM
Smarter Insights: How the CIO Becomes a Hero Again
Microsoft
Windows Azure
GOLD SPONSORS:
Appsense
Why VDI?
CA
Maximizing the Business Value of Virtualization in Enterprise and Cloud Computing Environments
ExactTarget
Messaging in the Cloud - Email, SMS and Voice
Freedom OSS
Stairway to the Cloud
Sun
Sun's Incubation Platform: Helping Startups Serve the Enterprise
POWER PANELS:
Cloud Computing & Enterprise IT: Cost & Operational Benefits
How and Why is a Flexible IT Infrastructure the Key To the Future?
Click For 2008 West
Event Webcasts
Steve Jobs Loses His Mind - Sues "The Big Apple"
The City's Response? Bite My Apple!

(April 4, 2008) - Friday morning a local Fox television station in New York City broke the news - Apple was suing New York City. Six out of 100 of their viewers thought Apple had the right to sue the City, but 94 out of 100 viewers are now calling for New Yorkers to drop Apple and its products, including the iPhone and Macs. New Yorkers are pissed off!

Hilary Potkewitz, reporting for Crain's New York Business, puts it very well. I quote:

"New York City, universally known as The Big Apple, is facing a lawsuit from Steve Jobs’ Apple Computer Inc. for, of all things, copyright infringement.

The suit stems from New York’s environmental awareness campaign, GreeNYC, and its logo, which uses the outline of an apple, complete with a little leaf on top. Filed in September, the suit had gone unnoticed until this week. The California computer giant claims the drawing is too similar to its ubiquitous trademark.

The City’s Response? Bite My Apple!
New York City Corp. Counsel Michael Cardozo quickly filed a counterclaim to have Apple’s case thrown out, citing differences between both logos, and the fact that Apple Computer does not sell mugs, caps or other items, making confusion unlikely. He added that NYC & Company, the non-profit city marketing organization behind the logo, is dedicated to increasing tourism to New York and all of its sites - including the various Apple stores - ultimately benefiting the computer company.

As a concession, the city agreed to eliminate beer steins from its retail catalog because Apple Computer had previously filed for that particular use of its logo.

At the center of the controversy is the city program’s icon, a free-form sketch of Eve’s favorite fruit. In recent weeks that logo has started sprouting up on local bus shelters and on fashionable grocery sacs sold at Whole Foods Markets. The city plans to print it on T-shirts, caps, mugs and various other items throughout the Mayor Bloomberg-created campaign.

But according to the maker of Macs, that is not what the doctor ordered.

“[GreeNYC’s logo] so closely resembles Apple’s [logo] that its use is likely to cause confusion, mistake or deception in the minds of consumers,” wrote Apple Computer’s lawyers in their September filing with the Trademark Trial and Appeal board objecting to the logo."

continued...

About Salvatore Genovese
Salvatore Genovese is a Cloud Computing consultant and an i-technology blogger based in Rome, Italy. He occasionally blogs about SOA, start-ups, mergers and acquisitions, open source and bleeding-edge technologies, companies, and personalities. Sal can be reached at hamilton(at)sys-con.com.

In order to post a comment you need to be registered and logged in.

Register | Sign-in

Reader Feedback: Page 1 of 1

As noted, this concerns trademarks, a significantly different area of IP than copyright. Also, the legal standard is "likely to cause confusion," hence why you are likely to see that in any filings by the complaining party. It's considered standard language.

The analysis turns on, among other things, a "probability of confusion." That would have been a more relevant question to the NYC public (e.g., Q:"are you confused by the apples? A: is this a joke?").

It isn't a lawsuit, it's an objection to a filing; and it isn't a copyright, it's a tradename. A writer, of all people, should know the difference.


Your Feedback
David wrote: As noted, this concerns trademarks, a significantly different area of IP than copyright. Also, the legal standard is "likely to cause confusion," hence why you are likely to see that in any filings by the complaining party. It's considered standard language. The analysis turns on, among other things, a "probability of confusion." That would have been a more relevant question to the NYC public (e.g., Q:"are you confused by the apples? A: is this a joke?").
The Editor wrote: It isn't a lawsuit, it's an objection to a filing; and it isn't a copyright, it's a tradename. A writer, of all people, should know the difference.
Latest Cloud Developer Stories
Rackspace Hosting, the service leader in cloud computing, on Thursday announced its acquisition of SharePoint911, an industry leader in SharePoint consulting, training, and "JumpStart" services within SharePoint. The unification of both companies provides capabilities to deliver ...
Skill at computing comes naturally to those who are adept at abstraction. The best developers can instantly change focus—one moment they are orchestrating high level connections between abstract entities; the next they are sweating through the side effects of each …
Apache Deltacloud, the Red Hat-contributed ReSTful API that abstracts differences between clouds so services on any cloud can be managed – provided of course there’s a driver – has graduated from the Apache Foundation’s incubator and is now a full-fledged Top-Level Project (TLP)....
Swisscom, the Swiss telecom, is going into the cloud business. Its subsidiary Swisscom IT Services AG has signed up with Red Hat as a Certified Cloud Provider and launched a public cloud Infrastructure-as-a-Service (IaaS) cloud targeting enterprise-class customers primarily in ...
CONGRATULATIONS to National Reconnaissance Office (NRO) CIO Jill T. Singer for being selected as one of the 10 winners of the first annual CloudNOW awards presented in Santa Clara, California earlier this week...
Subscribe to the World's Most Powerful Newsletters
Subscribe to Our Rss Feeds & Get Your SYS-CON News Live!
Click to Add our RSS Feeds to the Service of Your Choice:
Google Reader or Homepage Add to My Yahoo! Subscribe with Bloglines Subscribe in NewsGator Online
myFeedster Add to My AOL Subscribe in Rojo Add 'Hugg' to Newsburst from CNET News.com Kinja Digest View Additional SYS-CON Feeds
Publish Your Article! Please send it to editorial(at)sys-con.com!

Advertise on this site! Contact advertising(at)sys-con.com! 201 802-3021

SYS-CON Featured Whitepapers
ADS BY GOOGLE

Breaking Cloud Computing News
Wave Systems Corp. (NASDAQ: WAVX) (www.wave.com) today announced that Steven Sprague, President and ...