Chinese clothing label sues Apple, says App Store logo breaks copyright
A Chinese clothing brand, Kon, is suing Apple for copyright infringement, claiming that the logo for the iOS 11 and macOS High Sierra App Stores too closely resembles its own.
Kon is demanding financial compensation and a public apology, as well as an injunction against infringing devices, Phone Radar said on Tuesday. The case was filed through a Beijing court, and a judgment will allegedly be rendered within the next few weeks.
Both logos share a triangular "stick" design. The current App Store emblem is an abstract version of an earlier one, in which the sticks were a pencil, brush, and ruler.
The close similarity of the logos could make the lawsuit unusually difficult for Apple. A strong possibility is that Apple will choose to settle, as it eventually did in the matter of a Chinese leather goods company using the "iPhone" name.
A deal would likely allow Apple to keep using the latest App Store graphics in iOS, macOS, and related marketing. The company could revert, but would have to spend millions of dollars in rebranding.
Kon is demanding financial compensation and a public apology, as well as an injunction against infringing devices, Phone Radar said on Tuesday. The case was filed through a Beijing court, and a judgment will allegedly be rendered within the next few weeks.
Both logos share a triangular "stick" design. The current App Store emblem is an abstract version of an earlier one, in which the sticks were a pencil, brush, and ruler.
The close similarity of the logos could make the lawsuit unusually difficult for Apple. A strong possibility is that Apple will choose to settle, as it eventually did in the matter of a Chinese leather goods company using the "iPhone" name.
A deal would likely allow Apple to keep using the latest App Store graphics in iOS, macOS, and related marketing. The company could revert, but would have to spend millions of dollars in rebranding.
Comments
By the way, this is actually one of their shirts. LOL! (Source: http://www.itskon.com/konxmandrill/ )
Apple should not hire graphic designers who are in China, maybe? Respect for copyrighted materials is virtually nonexistent there.
https://www.fbrice.com.au/publication/Reasons_for_registering_Copyright_in_China.aspx
Even in the US I thought you could copyright a logo as long as it's creative enough, but maybe something has been changed? I often apply copyright notification to ornate logos. Obviously a simple "A" would not qualify Stateside.
EDIT: Logos really fall under trademark law but the laws do overlap and become a gray area. So yes, logos can fall under copyright law but where it gets confusing is when a logo falls under both copyright and trademark laws.
They’ll spend money on attorneys but they will not prevail.
Push 11.2.1 (16C153)..... done!
The Chinese know they have Apple by the short hairs. Apple basically has no choice but to manufacture there and the Chinese consumer market is vital for their profitability so Apple is stuck and vulnerable to the whims of the government and its courts. Like parasitic lamprey sucker fish they see Apple as a tasty host to suck the blood out of, living just enough blood so as not to kill the host.
Change an app icon from a pencil, paint brush and a rule to 3 popsicle stick now makes it close to 3 rectangle to create market confusion. Yep I am buying it.
Now of this maters since we dealing with China and they lack legal history and precedence of 100's of years which the US has, they will make it up as they go and decide in favor of a Chinese company. This is too small for the Chinese court to give it to Apple. You can you use US logic and laws to argue what will happen in China.