Thanks. You provide the link to the root document that everyone should read to fully understand the context of this article.
Cheers. To recap:
If you are purchasing Apple products in volume in a business-to-business relationship with Apple or Apple resellers, this is an example of the conditions of your promotional activities:
Of course there is some overlap, internally Apple would probably decide whether to enforce another company's promotions according to the first document or the second one I linked to. Either way Apple has covered its bases.
Apple can stop people from using its products in its advertising though. For instance, my bank was advertising that it was giving away a free iPod Nano. The bank is using Apple's trademarked name for commercial purposes, which Apple has a say over. I can't see why Apple would want to end that though. THe bank probably bought thousands of iPods. It gives them away ever year.
Quote:
Originally Posted by gavers
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.
Apple's concern is not the giveaways but the advertising of the giveaways. They don't want the iPad and iPhone to be thought of as tchotchkes. The iPod brand got tainted by cheesy, spammy giveaway and contest ads. Not controlling the advertising risks the brand name become genericized like Kleenex. The worst thing is if some kid calls a non-Apple mp3 player an iPod. They don't want iPhone to become a generic name for smartphones and they don't want iPad to become a generic name for tablets.
So Apple is saying no one but Apple and authorized partners can feature these Apple products in ads. Their trademark rights can stop anyone from making an iPad or iPhone ad. If you can't advertise a giveaway there isn't much point of having one.
Yup, I don't think Apple should blindly go on a rampage..
Although it must be said that a blind rampage by Apple would be supremely entertaining. You know, stepping on cars and knocking down buildings and so forth.
Although it must be said that a blind rampage by Apple would be supremely entertaining. You know, stepping on cars and knocking down buildings and so forth.
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.
I have an idea - why don't you buy 10,000 iPads and give them all away? That'll show 'em.
I'm for this. Not to mention the countless time I've gotten stupid pop-up ads in my Hotmail and Yahoo inbox. This shit gets old. Also online promoting free ipads or a link that is made to fool you, so you when you click on it there is something totally different. HALF OF THESE AD'S ARE SCAMS anyways But only one thing that bothers meis you can't control who uses a image online but only to so much of an extent
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.
I don't see how they can restrict someone from using the name "iPad" when someone is giving an iPad. You have to be able to identify the product being given away. That sounds like Apple is trying to control "fair use".
Here's an example for you: iOS. They have complete control. SJ loves it. It's very un-Apple (for those who are old enough to know). Soon the Mac OS will be locked down if they can sell it to you. Apple used to be about making the best products, but now it has turned unto making the best profit.
When Apple wasn't evil the concept of overriding the device so you could use it as you saw fit didn't exist. Once the greed set in, that concept was born. Now keep in mind that I have been an Apple person longer then many on here have been alive and I admire Steve Jobs very much. However, a personality like Steve Jobs needs to have a checks and balance system. Otherwise the greed will take over.
Comments
Thanks. You provide the link to the root document that everyone should read to fully understand the context of this article.
Cheers. To recap:
If you are purchasing Apple products in volume in a business-to-business relationship with Apple or Apple resellers, this is an example of the conditions of your promotional activities:
http://fortunebrainstormtech.files.w...nes_1-1-11.pdf
Anything else in general falls into copyright and trademark guidelines:
http://www.apple.com/legal/trademark...rdparties.html
Of course there is some overlap, internally Apple would probably decide whether to enforce another company's promotions according to the first document or the second one I linked to. Either way Apple has covered its bases.
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.
Belarus is pretty good at controlling it's population too.
It's illegal to give away iPads in Belarus?
So Apple is saying no one but Apple and authorized partners can feature these Apple products in ads. Their trademark rights can stop anyone from making an iPad or iPhone ad. If you can't advertise a giveaway there isn't much point of having one.
Yup, I don't think Apple should blindly go on a rampage..
Although it must be said that a blind rampage by Apple would be supremely entertaining. You know, stepping on cars and knocking down buildings and so forth.
Although it must be said that a blind rampage by Apple would be supremely entertaining. You know, stepping on cars and knocking down buildings and so forth.
Jobszilla.
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.
I have an idea - why don't you buy 10,000 iPads and give them all away? That'll show 'em.
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.
I don't see how they can restrict someone from using the name "iPad" when someone is giving an iPad. You have to be able to identify the product being given away. That sounds like Apple is trying to control "fair use".
Here's an example for you: iOS. They have complete control. SJ loves it. It's very un-Apple (for those who are old enough to know). Soon the Mac OS will be locked down if they can sell it to you. Apple used to be about making the best products, but now it has turned unto making the best profit.
When Apple wasn't evil the concept of overriding the device so you could use it as you saw fit didn't exist. Once the greed set in, that concept was born. Now keep in mind that I have been an Apple person longer then many on here have been alive and I admire Steve Jobs very much. However, a personality like Steve Jobs needs to have a checks and balance system. Otherwise the greed will take over.