Apple Threatens Canadian College; Logo at Core of Issue

• Author: admin
• Filed under: Tech News
• Date: Oct 7,2008

What’s at the core of this dispute (pun intended)? The logo of the Victoria School of Business and Technology (VSBT) is. It’s (quite naturally) an Apple, and besides being an apple, doesn’t resemble the logo of Apple, Inc. at all. Still, it’s not the first time Apple has picked on a logo that doesn’t really infringe on theirs: they threatened the Big Apple earlier this year over the logo for their GreenNYC campaign.

Of course, the Big Apple has some big pockets, and VSBT does not. In a letter Apple sent VSBT at the end of August (.PDF) Apple kindly (?) said that if the college changes their logo and removes any other infringing items from its website, they won’t sue.

We are hopeful that this matter can be resolved quickly and efficiently. In this regard, Apple is prepared to waive any claims that it may have if you agree to: (a) permanently change your logo to delete the APPLE Design Logo component; (b) discontinue all further use of Apple’s trademarks, including the APPLE Design Logo, other than pursuant to Apple’s guidelines, available at www.apple.com/legal/guidelinesfor3rdparties.html; and (c) cooperate with Apple, as required, to remove your logo from any third party publications or websites.

VSBT responded (.PDF), and Dieter Gerhard, President & CEO said:

Our logo is unique and distinguishable in numerous aspects from the Apple logo, including our acronym “VSBT” being part of our logo. Are you suggesting that anyone using any variation of an apple for technology education or related use is infringing on Apple’s trademark? (Note: of course they are)

We have been using this logo since January 2005. We have never heard anyone make a comparison between our logo and the Apple logo even though our classrooms are stocked with iMacs. (There’s your mistake there)

We find your letter somewhat uncharacteristic of how we have come to know Apple through the excellent business relationship we have shared over the years. In fact I must say we are feeling somewhat bullied by your letter and are not particularly impressed.

Initially I liked this response from VSBT, and thought “sock it to ‘em.” But then I took a look at their site. And while there’s an ongoing poll at VSBT’s site about whether or not the VSBT logo can be confused with Apple’s logo , which currently says (with over 5,000 votes, 72% – 28%) that “no, it can’t,” when you see the picture below, you can see Apple’s point.

Until seeing that (and it’s on their home page), I was on VSBT’s side. Now, I’m not so sure.

But while VSBT may find this action uncharacteristic of Apple, it’s really not. There’s the aforementioned issue with NYC, and also their lawsuit over a device called the ProfitPod, which is used by arcades to keep track of those tickets that game spit out — hardly easy to confused with an MP3 player, especially when you look at it.

While I understand that corporations want — and need — to staunchly defend their trademarks, there’s a time when it’s overkill. Is this one of them? After seeing the building above, I think not. But there have been plenty of instances in which Apple has pursued such trademark spats, and compared — yes, Apples … with oranges.