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Author Topic:   Legality of "Mac Genius"
ASM65816
Geek

Posts: 91
From:
Registered: Mar 2001

posted April 05, 2002 16:51     Click Here to See the Profile for ASM65816   Click Here to Email ASM65816     Edit/Delete Message   Reply w/Quote
What's the deal with Apple vs the T-Shirts ?
("Infringement")

Do MacAddict, MacWorld, and MacTech have to license the first three letters of their Magazine Names?

Or is Apple Pushing Into the T-Shirt Market (in addition to Hardware and Operating Systems)?

Did Snaggy take Steve Jobs' Parking Space at some time in the past?

Does Steve Jobs think his Hair should be more "#888888" than "#CCCCCC" in Caricatures?


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Once a proud programmer of Apple II's, he now spends his days and nights in cheap dives fraternizing with exotic dancers....

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Ti
Super Geek

Posts: 163
From: Fort Collins
Registered: Oct 2001

posted April 05, 2002 17:16     Click Here to See the Profile for Ti     Edit/Delete Message   Reply w/Quote
Hmm.. I thought he would be pissed by his hair being a little greyer..

Kevin
--
Who plan's on going home and determining the actual color by taking an average color from an apple JPG (almost as useful as the true color of the universe)

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Snaggy
Moderator

Posts: 1443
From: Canada
Registered: Jan 2000

posted April 05, 2002 17:51     Click Here to See the Profile for Snaggy   Click Here to Email Snaggy     Edit/Delete Message   Reply w/Quote
I'd LOL if it wasn't so SAD.

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iballoondesign
Alpha Geek

Posts: 333
From: Midland, TX
Registered: Dec 2001

posted April 07, 2002 14:20     Click Here to See the Profile for iballoondesign   Click Here to Email iballoondesign     Edit/Delete Message   Reply w/Quote
Oh, I don't know about the licence to have first three letter of "Mac" on T-shirt. At least, I got free T-shirt from Apple Store on during the grand opening at my location. My family are so jealous of me. LAMO!

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Riding on the balloon, flow over the world...

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Snaggy
Moderator

Posts: 1443
From: Canada
Registered: Jan 2000

posted April 07, 2002 15:04     Click Here to See the Profile for Snaggy   Click Here to Email Snaggy     Edit/Delete Message   Reply w/Quote
Apple's protest is that the word "Mac "appears on the shirt in conjuntion with an atomic symbol. The two combined is the issue.

"Your sale and advertising of unlicensed logowear could in turn result in an infringement of Apple’s established trade-mark and copyright rights in the name Mac and in the atom logo, as well as passing off. We must accordingly ask that you refrain from distributing and advertising any product which bears Mac and the atom logo unless it is genuine Apple logowear, i.e. bearing trade-marks and logos which have been reproduced under license from Apple."


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NeenerNeener
Geek Larva

Posts: 27
From: Kanada
Registered: Nov 2001

posted April 07, 2002 23:15     Click Here to See the Profile for NeenerNeener     Edit/Delete Message   Reply w/Quote
So, does this mean that they'll not only go after "Your Mac Life", "MacSlash", and other mac sites, but also T-shirts of the movie "Boy Genius"? They can't possibly claim they have the trademark to the atomic logo!!!! What a bunch of dorks, that Dell is looking better all the time!

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ASM65816
Geek

Posts: 91
From:
Registered: Mar 2001

posted April 08, 2002 04:40     Click Here to See the Profile for ASM65816   Click Here to Email ASM65816     Edit/Delete Message   Reply w/Quote
Where does Apple (tm)(c)(r)(sm)(wtf) have an "Atomic Symbol"?

Are they marketing weapons of Mass-Destruction that I don't know about?

The iNuke ?

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Once a proud programmer of Apple II's, he now spends his days and nights in cheap dives fraternizing with exotic dancers....

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The Lama
Geek

Posts: 76
From: At a Mac near you
Registered: Mar 2002

posted April 08, 2002 06:18     Click Here to See the Profile for The Lama   Click Here to Email The Lama     Edit/Delete Message   Reply w/Quote
I think the issue is that they don't want their product, Mac, to be associated with the atomic symbol for some odd reason

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Zwilnik
Alpha Geek

Posts: 298
From: London, UK
Registered: Dec 2000

posted April 08, 2002 07:46     Click Here to See the Profile for Zwilnik     Edit/Delete Message   Reply w/Quote
I'm guessing the problem with the atomic logo is because Apple uses it for their genius bars(TM) in the Apple Store(TM)(TM) so the word Mac in combination with the genius bar logo makes the shirt look like an 'official' Apple production.
It does seem a bit heavy handed of Apple Legal (TM) though, when MacSurfShop and others quite happily print all sorts of merchandise with various mixed Apple logos and trademarks on. Especially when the GeekCulture shirts help reinforce a positive message.

btw. the iNuke got traded to Microsoft as part of the 'Office on X' deal. It seems Billy boy wanted some insurance just in case the Justice Department won their case against him.

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Snaggy
Moderator

Posts: 1443
From: Canada
Registered: Jan 2000

posted April 08, 2002 07:50     Click Here to See the Profile for Snaggy   Click Here to Email Snaggy     Edit/Delete Message   Reply w/Quote
I'm guessing the problem with the atomic logo is because Apple uses it for their genius bars(TM) in the Apple Store(TM)(TM) so the word Mac in combination with the genius bar logo makes the shirt look like an 'official' Apple production.

That is correct sir!

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Sailor Jim
Newbie Larva

Posts: 2
From: Baton Rouge, LA
Registered: Apr 2002

posted April 08, 2002 09:32     Click Here to See the Profile for Sailor Jim   Click Here to Email Sailor Jim     Edit/Delete Message   Reply w/Quote
I'd be curious to see if they feel that any combination of an atomic symbol and the words "Mac Genius" is their copyright material. Say, if one put the atomic symbol on the chest of a shirt and added the words on the back, or centered the symbol on the chest and added, in small print, "Mac Genius" on the breast pocket.

Seems to me that they cannot possibly claim copyright to every possible combination of symbol and words ... and their own design *is* a tad lame (be honest, isn't it?); this just might be a great opportunity to design something snappier.

SJ

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(Yup, THAT Sailor Jim)

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Migrant Programmer
Alpha Geek

Posts: 256
From: Waterloo, Canada
Registered: Jan 2000

posted April 08, 2002 16:18     Click Here to See the Profile for Migrant Programmer   Click Here to Email Migrant Programmer     Edit/Delete Message   Reply w/Quote
I would say it was a mistake to produce shirts with a logo like that without asking Apple for permission first.. no matter the intent, it's trademark infringement (if Apple has trademarked the genius atom logo, which I'm sure they have).

Compare
http://www.apple.com/retail/grandopening/grandopening3.html (see first picture)
with
http://www.geekculture.com/geekculturestore/webstore/macgeniusshirt.html

I wouldn't go slamming Apple about it either. Trademarks (unlike copyright or patents), if left undefended, become invalid. If Apple doesn't take action against infringement they risk losing their trademark.

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Sailor Jim
Newbie Larva

Posts: 2
From: Baton Rouge, LA
Registered: Apr 2002

posted April 08, 2002 19:48     Click Here to See the Profile for Sailor Jim   Click Here to Email Sailor Jim     Edit/Delete Message   Reply w/Quote
Aw, c'mon ... compare their atomic symbol with the one in the last panel of http://www.uky.edu/Projects/Chemcomics/html/eu1_eu.html on The Atom's forehead.

The atomic symbol has been, in various versions, used since the fifties .. where the heck does Apple get off trademarking the silly thing, then trying to get people to never use "their" atomic symbol?

Heck, the only really possible original aspect of their symbol is the placement of the protrons or neutrons (or whatever those little dots are), and the words 'Genius Bar.' Snaggy didn't put 'Genius Bar' on the shirts and the atomic symbol looks more like old Gil Kanes than Apples to me.

But, let's be fair and more than fair ... let's say that Apple *can* somehow trademark a symbol that's been around for years. Perhaps the placement of the dots or the arc of the orbits *are* unique enough to defend in court. So all Snaggy has to do is change the arcs some, slightly reposition the balls and bob's yer uncle!

(Or are they claiming trademark on the word 'Genius,' as well?'

SJ

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(Yup, THAT Sailor Jim)

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ASM65816
Geek

Posts: 91
From:
Registered: Mar 2001

posted April 09, 2002 07:02     Click Here to See the Profile for ASM65816   Click Here to Email ASM65816     Edit/Delete Message   Reply w/Quote
Uh, maybe they've done something unique and innovative.

Instead of electrons revolving around a fixed central space, maybe they're using iNeutrons.

No one would ever think of that .........
(excuse me while I wretch.)

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Once a proud programmer of Apple II's, he now spends his days and nights in cheap dives fraternizing with exotic dancers....

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