Apple clamping down on free iPad, iPhone promotions
Apple has been more strictly enforcing its guidelines for promotions, which forbid the use of the iPad, iPhone or an iPhone gift card, according to a new report.
Fortune reports that Apple has only recently "begun reaching out to companies to enforce" its Guidelines for Third Party Promotions. The current version of the two-page document dates back to at least April 2010, but contest organizers haven't always followed it.
For instance, the guidelines specifically state that "iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions." However, iPads and iPhones are currently featured in a number of giveaways. As demand for the iPad and iPhone has surged in recent years, a growing number of companies and institutions have sought to capitalize on Apple's valuable brand cachet by running promotions promising free devices.
Apple does allow promotional use of the iPod touch "in special circumstances," but only with a minimum purchase of 250 units. The guidelines also forbid the use of the Myriad Set font "on or in connection with web sites, products, packaging, manuals, or promotional/advertising materials."
In an effort to prevent the Apple brand from being diluted, the company prohibits "The use of "free" as a modifier in any Apple product reference in a prominent manner (headlines, call- outs, etc.) is prohibited." Apple also requires that "all marketing materials related to the promotion of Apple products" be submitted for review.
The guidelines also strictly govern how Apple products are depicted in promotional materials. The iPad maker requires that "only the most current Apple products" be featured and product photos cannot be altered, partially displayed, or cluttered with "props, models or marketing messages."
While such a document is standard practice for corporations, the news that Apple has begun to more strictly enforce these guidelines appears to indicate the company is tightening up control of its brand.
Fortune reports that Apple has only recently "begun reaching out to companies to enforce" its Guidelines for Third Party Promotions. The current version of the two-page document dates back to at least April 2010, but contest organizers haven't always followed it.
For instance, the guidelines specifically state that "iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions." However, iPads and iPhones are currently featured in a number of giveaways. As demand for the iPad and iPhone has surged in recent years, a growing number of companies and institutions have sought to capitalize on Apple's valuable brand cachet by running promotions promising free devices.
Apple does allow promotional use of the iPod touch "in special circumstances," but only with a minimum purchase of 250 units. The guidelines also forbid the use of the Myriad Set font "on or in connection with web sites, products, packaging, manuals, or promotional/advertising materials."
In an effort to prevent the Apple brand from being diluted, the company prohibits "The use of "free" as a modifier in any Apple product reference in a prominent manner (headlines, call- outs, etc.) is prohibited." Apple also requires that "all marketing materials related to the promotion of Apple products" be submitted for review.
The guidelines also strictly govern how Apple products are depicted in promotional materials. The iPad maker requires that "only the most current Apple products" be featured and product photos cannot be altered, partially displayed, or cluttered with "props, models or marketing messages."
While such a document is standard practice for corporations, the news that Apple has begun to more strictly enforce these guidelines appears to indicate the company is tightening up control of its brand.
Comments
If I want to buy an iPad and give it away for free to promote something. I'm going to do it. They can go to hell. Apple has quickly changed into Microsoft over the past few years. Sad times.
Important to note, this only applies to iPads and iPhones purchased under a special promotional agreement, specifically the agreement they sent out. No, Apple cannot stop you from buying an iPad and giving it away in a promotion. Apple can stop you from buying it under a special program and giving it away.
http://apple.slashdot.org/story/11/0...iPad-Giveaways
American culture does this; Apple putting an end to it is fine by me. I never liked this facet. If someone feels as if their freedoms are limited then perhaps you can trash another brand with crap good will. Perhaps a Motorola Xoom will suit your needs.
If I want to buy an iPad and give it away for free to promote something. I'm going to do it. They can go to hell. Apple has quickly changed into Microsoft over the past few years. Sad times.
Definitely misunderstood you're there (see subsequent post). How's that changed into Microsoft? Remember, always provide example(s) to illustrate your point otherwise you'll run the risk of portraying yourself as a clueless troll and a stupid one at that.
Sorry, but if you are out to just ride a wave of popularity and brand good will - I think you should really be fucking put in a straight jacket. What I'm tired of is promoters taking something, cheapening it up, and then whoring it out on the street for fun and profit. It happens to everything from Coke Zero to Miley Cyrus.
American culture does this; Apple putting an end to it is fine by me. I never liked this facet. If someone feels as if their freedoms are limited then perhaps you can trash another brand with crap good will. Perhaps a Motorola Xoom will suit your needs.
You should come to Asia. If you think Apple has trouble enforcing this rule in the US, wait till they come to Asia.
Having worked with a Apple Reseller here, they've been quite strict with us... But many big brands like Nestle and big banks and credit card companies have gotten away with ZOMG WIN AN IPAD!!! promotions.
Myriad Set/Pro/Text/Apple is another issue, there's far too much copying of that font when used in an Apple promotional context. I'm very guilty of it during my time at the Apple Reseller but to be fair once we caught wind of Apple not being too happy there was some transition to Helvetica Neue.
Believe me, enforcement is a big headache for Apple.
As a tiny Apple stockholder, I'm fine with the company protecting its brand equity. Now what I'd like to see is their taking action against the scam artists who use the appeal of Apple products to cheat people. I hate seeing those web ads promoting iPads, iPods, and iPhones at impossibly good prices to draw people in.
This is actually the bigger issue, the scamming is so widespread... and annoying!
Important to note, this only applies to iPads and iPhones purchased under a special promotional agreement, specifically the agreement they sent out. No, Apple cannot stop you from buying an iPad and giving it away in a promotion. Apple can stop you from buying it under a special program and giving it away.
http://apple.slashdot.org/story/11/0...iPad-Giveaways
They can't prevent you from giving it away. However, they can prevent you from using the term 'iPad' in any of your advertising materials since that's a trademarked term. You could probably get away with advertising it as a touch screen tablet thingy and Apple wouldn't have a problem with that.
Yes, the strict promotional guidelines are enforced for those that buy in presumably large volumes as a business-to-business transaction with Apple.
Of course if a company is giving away 5 iPads that someone just bought online or something then they are only subject to the use of trademarks, imagery, etc. You can give it away free as long as you meet the conditions at http://www.apple.com/legal/trademark...rdparties.html from what I can tell.
Still, always an uphill battle for Apple, but if you are a shareholder you'd want them to be as effective and efficient as possible without having to delve into excessive litigation. Especially with the "Win An iPhone/iPad!" scams.
I don't know if Apple can really control the use of Myriad Set either.
Apple has really only two legal options... copyright infringement if the promotion is using Apple supplied artwork against the licensing terms for that artwork. However the company can take their own pictures of iPads and iPhone and use those freely.
Their other option would be to show the company is trading on and tarnishing Apple's brand improperly. One such thing is if the promoter attempted to convey that they had a relationship with Apple that they don't... using Apple's trade dress would be an example of this, which would likely include using Myriad.
If I want to buy an iPad and give it away for free to promote something. I'm going to do it. They can go to hell. Apple has quickly changed into Microsoft over the past few years. Sad times.
The issue is not what you think or whether Apple will succeed in every instance. It is whether Apple has an obligation -- as does anyone else -- to try and protect its brand name.
If I want to buy an iPad and give it away for free to promote something. I'm going to do it. They can go to hell. Apple has quickly changed into Microsoft over the past few years. Sad times.
Well, Apple has done ALL of the work to produce that iPad and the Apple brand. They can absolutely put out guidelines about how you should use the brand that they own. You can also be a dick and ignore the guidelines.
I am the owner of a very small manufacturing company (we manufacture skin care products) but we have placed ourselves as a premium brand in a particular niche market. I can tell you that when you place your brand as a premium product people will jump all over your brand to get whatever mileage they can out of it. We publish guidelines on advertising to all of our wholesalers and retailers. Not all of them follow them. If they don't we'll simply stop selling our products to them. We spend gobs of money in quality control, R&D, and marketing to make sure our brand is the best in our market. We just can't afford for other people to piggy back off of it and leave us in the dust.
There's nothing wrong with a company trying to protect its brand image.
Belarus is pretty good at controlling it's population too.
Wow comparing a successful American company to a dictator in a foreign country, while providing no argument to justify the comparison.
Classy.
The comments on this Apple 'Insider' article always makes me wonder about the reader demographic...
http://forums.appleinsider.com/showt...threadid=92273
Belarus is pretty good at controlling it's population too.
Corollary to Godwin's Law: Any comparison to the situation in any historical or contemporary dictatorial state abdicates the comparator of winning the argument.
There is little Apple can actually do. Even for the products sold under their promotion agreements, they cannot stop those companies from giving away the product in any manner they want. All Apple can do in this case is stop selling to that company.
I don't know if Apple can really control the use of Myriad Set either.
Apple has really only two legal options... copyright infringement if the promotion is using Apple supplied artwork against the licensing terms for that artwork. However the company can take their own pictures of iPads and iPhone and use those freely.
Their other option would be to show the company is trading on and tarnishing Apple's brand improperly. One such thing is if the promoter attempted to convey that they had a relationship with Apple that they don't... using Apple's trade dress would be an example of this, which would likely include using Myriad.
Above in bold... That is one thing Apple is absolutely freaked out about. Taking your own product shots or modifying product shots from Apple is very frowned upon. Apple would claim "improperly trading on and tarnishing Apple's brand", trade dress and so on as you mention.
See "Depiction of Apple products" in http://www.apple.com/legal/trademark...rdparties.html
1. Endorsement or Sponsorship: Apple does not support the use of its logos, company names, product names, or images of Apple products by other parties in marketing, promotional or advertising materials as their use may create the perception that Apple endorses or sponsors the product, service or promotion.
Developers can modify iPhone images, etc. to show their apps though:
2. Compatibility: If you are a developer, you may show an image of an Apple product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Apple product or technology, provided you comply with the following requirements:
a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.
b. The image is an actual photograph of the genuine Apple product and not an artist’s rendering (Note: You must obtain express written permission from Apple before using any photograph owned or licensed by Apple).
c. The Apple product is shown only in the best light, in a manner or context that reflects favorably on the Apple products and on Apple Inc.
d. The reference to Apple does not create a sense of endorsement or sponsorship by, or other false association with, Apple or Apple products.
In other words other than in personal, developer or "fair-use" contexts... (A) you shouldn't be taking pictures of Apple products and (B) you must use Apple-supplied product pictures and use it correctly.
Yes, the strict promotional guidelines are enforced for those that buy in presumably large volumes as a business-to-business transaction with Apple.
Of course if a company is giving away 5 iPads that someone just bought online or something then they are only subject to the use of trademarks, imagery, etc. You can give it away free as long as you meet the conditions at http://www.apple.com/legal/trademark...rdparties.html from what I can tell.
Still, always an uphill battle for Apple, but if you are a shareholder you'd want them to be as effective and efficient as possible without having to delve into excessive litigation. Especially with the "Win An iPhone/iPad!" scams.
Thanks. You provide the link to the root document that everyone should read to fully understand the context of this article.
The issue is not what you think or whether Apple will succeed in every instance. It is whether Apple has an obligation -- as does anyone else -- to try and protect its brand name.
Yup, I don't think Apple should blindly go on a rampage but brand enforcement is of course important and they should do it efficiently and effectively. Practically, it is highly challenging.