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  #101  
Old 11-05-2011, 01:27 AM
Doctor X Doctor X is offline
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Default Re: I hate Apple

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But hey, maybe the little guys aren't always the victims they try to make themselves out to be!
I, for one, celebrate Apple's efforts to prevent small restaurants from providing new and inexpensive, and useful dishes. . . .

Imagine what could happen to your iPad if you ate a non-approved pad-Thai!

--J.D.
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  #102  
Old 11-05-2011, 07:08 AM
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Default Re: I hate Apple

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Oh, and the fun part: I work maybe 200 meters from these guys and I've never even heard of them or seen them.
Really? I figured it only took a healthy person five minutes to go one end of the country to the other.
Didn't you read the post? Stormy works in France.
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  #103  
Old 11-05-2011, 10:39 AM
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Default Re: I hate Apple

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I was not able to find a single Apple store that had a separate sign with their logo, let alone a sign with rounded corners.
The little restaurant doesn't have to mimic an Apple store to imitate Apple's trademarks.

There are degrees of brand-imitation, and a corresponding spectrum of infringement, ranging from using a name which echoes a well known name, through to selling similar goods with counterfeit labels. Stormy's local healthy eating outlet isn't pirating ipods, but I think the sign over its door indicates that it is further along the path to trademark dilution than if it were merely using the same iconic fruit in its name and logo.
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  #104  
Old 11-05-2011, 12:38 PM
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Default Re: I hate Apple

http://en.wikipedia.org/wiki/Apple_%28disambiguation%29

Sue all the things!
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  #105  
Old 11-05-2011, 05:42 PM
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Default Re: I hate Apple

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I was not able to find a single Apple store that had a separate sign with their logo, let alone a sign with rounded corners.
The little restaurant doesn't have to mimic an Apple store to imitate Apple's trademarks.

There are degrees of brand-imitation, and a corresponding spectrum of infringement, ranging from using a name which echoes a well known name, through to selling similar goods with counterfeit labels. Stormy's local healthy eating outlet isn't pirating ipods, but I think the sign over its door indicates that it is further along the path to trademark dilution than if it were merely using the same iconic fruit in its name and logo.
But the question is more whether they're far enough down the path to actually do any damage to Apple's brand, or cause any confusion.

I think... no.
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  #106  
Old 11-05-2011, 06:10 PM
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Default Re: I hate Apple

Well, that's the question for the court, if it gets that far. There are other questions too, such as whether the restaurant owners have done nothing to provoke Apple's action other than use an apple shape as their logo. I think they've gone significantly further than that.
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Last edited by mickthinks; 11-05-2011 at 07:13 PM. Reason: typo
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  #107  
Old 11-05-2011, 07:10 PM
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Default Re: I hate Apple

Because they used rounded corners on their sign?
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  #108  
Old 11-05-2011, 07:28 PM
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Default Re: I hate Apple

What did this German café do to deserve police brutality?
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According to owners of a small German café, Apple has sent a cease and desist letter over the use of the above logo. Apfelkind, which is German for “apple baby,” is a family-oriented coffee and tea house that opened this April in the city of Bonn.
P. provocative if you ask me, using white in their logo like that.
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  #109  
Old 11-05-2011, 08:21 PM
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Default Re: I hate Apple

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Originally Posted by mickthinks View Post
Quote:
Originally Posted by Demimonde View Post
I was not able to find a single Apple store that had a separate sign with their logo, let alone a sign with rounded corners.
The little restaurant doesn't have to mimic an Apple store to imitate Apple's trademarks.

There are degrees of brand-imitation, and a corresponding spectrum of infringement, ranging from using a name which echoes a well known name, through to selling similar goods with counterfeit labels. Stormy's local healthy eating outlet isn't pirating ipods, but I think the sign over its door indicates that it is further along the path to trademark dilution than if it were merely using the same iconic fruit in its name and logo.
In order for the store to be "further along the path to trademark dilution" Apple would have to have a trademark on rounded corner signs. They don't.

The rounded rect has been used in design for ages. Mac was just the first program that made it easy to reproduce back in 1981. Indeed, if you look back on the origin of that feature, Jobs wanted the program to easily reproduce rounded rects because they were already everywhere and it would have been a limitation on the design software that he would not be happy with.

Quote:
Steve took Bill on a walk, pointing out the ubiquity of rounded rectangles in the world around them. Eventually a rounded rectangular No Parking sign convinced Bill.

The very next day, Bill proudly returned triumphant. Overnight he'd written code to draw rounded rectangles at turbo speeds. And once rounded rectangles were as computationally cheap to draw as square-edges rectangles, they became ubiquitous on the Mac. "RoundRects" became buttons, sliders and regions in each window.
link
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  #110  
Old 11-05-2011, 08:31 PM
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Default Re: I hate Apple

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I don't really see the resemblance:
Rounded corners, metallic border. An apple store doesn't look much like it -- but an apple computer sure does, and it says 'apple' on it.

It is a damned simple look though and they probably don't have much of a case trying to enforce it, especially with so many look-alike products on the market that actually are horning in on their territory.

I have a brilliant idea, though. They should rename the place to "sosumi". If Jobs were alive, he'd appreciate the irony.
Sosumi Sushi Train - CBD - Sydney | Urbanspoon :awesome:
Apple Computer was once sued by Apple Records for infringing on their territory. This was long, long before itunes or mp3s existed -- they were being sued because they were called 'apple' and their computers could play a wav file, which is obviously the same thing as being a music company.

They laughed them out of court and added a sound file titled "sosumi" to the operating system. I think it's still there.

Apple Records is now considering selling through itunes. And Apple Computer is now the one frivolously suing people.
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  #111  
Old 11-05-2011, 09:51 PM
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Default Re: I hate Apple

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In order for the store to be "further along the path to trademark dilution" Apple would have to have a trademark on rounded corner signs. They don't.
To be nearer to losing the case in court, maybe. But I'm talking about being nearer to losing their apparent claim to be innocent and unknowing, in the court of public opinion.
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  #112  
Old 11-05-2011, 10:01 PM
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In order for the store to be "further along the path to trademark dilution" Apple would have to have a trademark on rounded corner signs. They don't.
To be nearer to losing the case in court, maybe. But I'm talking about being nearer to losing their apparent claim to be innocent and unknowing, in the court of public opinion.
Can you link to the source of the restaurant's "apparent claim" to be "innocent and unknowing?". I must have missed it.
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  #113  
Old 11-05-2011, 10:04 PM
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Default Re: I hate Apple

As I stated above, and provided links for evidence, Apple did not invent the rounded rect nor are they sole user of that design feature. From above link:

Quote:
"Rectangles with rounded corners are everywhere!" — Steve Jobs
If you want to demonstrate that these business owners are guilty and knowingly trying to rip off Apple, show some evidence.
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  #114  
Old 11-05-2011, 10:08 PM
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Default Re: I hate Apple

I think the photo of the sign outside their door is evidence that they may be, Demi.
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  #115  
Old 11-05-2011, 10:11 PM
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I think the photo of the sign outside their door is evidence, Demi.
Fascinating! I will be returning to this shortly, in a new thread about what you believe is evidence. Edith Piaf and the historicity of the Holocaust will feature prominently. Stay tuned.
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  #116  
Old 11-05-2011, 11:00 PM
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Default Re: I hate Apple

:eager:

So how do you say, "fuck you, douche-bag" in German?

--J.D.
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  #117  
Old 11-05-2011, 11:39 PM
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Default Re: I hate Apple

Any company that is that anal about their logo can't be a technical innovator. That is not what a technical innovator would concentrate on nor be concerned with.
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  #118  
Old 11-05-2011, 11:50 PM
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Default Re: I hate Apple

From a legal standpoint they do have to expend time, effort and money to defend perceived incursions on their brand. Agree with this specific case or not, it is something they have to do.
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  #119  
Old 11-06-2011, 12:14 AM
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Default Re: I hate Apple

Granted, legal has got to be watching out for intellectual property infringements since those rights are only enforced by the holder. However what a company bothers to protect tells a story about what is actually important to a company. A company that cares more about looks than content just can't be a technical leader. Maybe a fashion leader. And I'll give Apple the title of fashion leader. It is the sign of a maturing industry.
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  #120  
Old 11-07-2011, 04:51 PM
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Default Re: I hate Apple

Sure they can... A corporation is not one person. One part can be innovative while another part goes around attacking things. All it takes is a little cognitive dissonance.

It does suggest a shift in attitude, or that one department doesn't know what another's doing.
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  #121  
Old 11-08-2011, 04:04 AM
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Default Re: I hate Apple

Innovation has to be a corporate initiative, especially in a very large organization. Otherwise it is so easy to get lost in the bureaucracy. When I was at IBM back in the late 60's and early 70's thinking and being creative was a constant mantra that was not only present in advertisements but in every department in that behemoth. It was part of being an IBMer. When it is as pervasive as that it even reaches into legal and changes how they think and act as well. Working to create rather than suppress.

IBM has changed a lot since then.
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  #122  
Old 11-10-2011, 07:39 PM
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And even then, the famous IBM PC was practically a rogue project. It's one thing to have a "work smarter" sign on your desk, having the freedom to obey it is quite another.

Apple obviously gives a lot of freedom to the people who design the casings for their products. Internally, I'm not so sure how much is changing. And like I say, these cease-and-desist letters may be a sign of sea-change.
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  #123  
Old 11-15-2011, 12:41 PM
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Default Re: I hate Apple

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  #124  
Old 11-15-2011, 02:15 PM
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Default Re: I hate Apple

NOT TRUE ONLY $2000!!11!!!!!1!

FFFFFFFUUUUUUUUUUUU

--J.D.

P.S. Granted, $2,000 is like, what? The annual income of the richest 1% of Luxemborough . . . the ones who can afford toilet paper and PEZ. Still, the point remains!
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  #125  
Old 11-15-2011, 02:25 PM
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I have toilet paper. I am the 1%!
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