Apple “is now involved in a new lawsuit with the local clothing brand called KON,” Teja Chedalla reports for PhoneRadar. “KON has the copyright [sic trademark] of its logo which looks similar to the App Store logo in the current iOS and macOS.”
“Back in August this year, Apple replaced the App Store logo consisting of pencil, ruler, and paintbrush with the new logo featuring three plain sticks,” Chedalla reports. “According to KON, the new logo of the App Store on iOS and MacOS is a clear violation of the Chinese [trademark] law. The Chinese company is now demanding Apple to publically apologize in the national media and pay the compensation for economic loss occurred.”
KON logo (left) vs. Apple App Store icon (right)
“It even wants Apple to stop selling the devices containing the logo of the KON brand,” Chedalla reports. “Currently, the Beijing People’s Court has accepted this case, and the judgment can be expected in the next couple of weeks.”
MacDailyNews Take: The logos look rather similar, but Apple’s is the result of a progression that began before KON was even founded. See the Applications icon from Apple’s Mac OS X 10.0 below, released on March 24, 2001. KON was founded in 2009.
I like the old logo with pencils and ruler better. Apple go back to the old way, say you’re sorry, reduce legal fees and concentrate on the new Mac Pro or updating the Mac mini…….
I like the old, skeumorphic designs better, too. But alas, Jony now has to make everything vague and boring, just like everyone else’s everything. Way to lead!
Another waste of time and resources. they aren’t even in the same industry or business.. no one is going to get confused by an App Store icon vs a label on a shirt or pants etc.
Yeah, pay for the losses incurred. For every dollar someone paid for clothing directly through the App Store, pay back $2 to KON for their loss. Shouldn’t be a problem!
Looks pretty clear cut to me, regardless of all the Apple progression the logo for the app store platform started in 2010, KON as MDN points out started before that in 2009.
Then again, three sticks to use a triangle, that goes way back.
If Apple were selling clothing, or KON were selling apps, they might have a point. But trademarks are, in general, business-area-limited; KON would have to demonstrate that they have shown an intention to be in the same business Apple is in, and demonstrate that there exists a brand confusion in the mind of a reasonable consumer who is looking either for clothes or apps.
Apple’s new round-ended tongue-depressor sticks form a stylized bi-symmetrical Roman letter ‘A’ to represent ‘APP STORE’ icons. This stylized letter ‘A’ is always displayed as white within either a blue circle (macOS) OR a blue round-cornered square (iOS). The blue surrounds are integral to the Apple designs. KON’s naked black square-ended slats form a stylized EQUILATERAL triangle that represents absolutely NOTHING more than a generic tri-sided design that has been around FOREVER. KON’s slats DO NOT represent a Chinese character nor a Chinese sound-syllable that would sound like “con” when pronounced. It’s just an arbitrary design that the clothing manufacturer chose instead of a circle, square, pentagon, hexagon, heptagon, etc. No one with even half a brain would confuse the two. If anything, Apple should counter-sue KON for its air-headedness, stupidity and general assholishness.
I like the old logo with pencils and ruler better. Apple go back to the old way, say you’re sorry, reduce legal fees and concentrate on the new Mac Pro or updating the Mac mini…….
🙂
Apologising is admitting wrong-doing and opens the door to legal action.
In western world.
Earth
Actually committing a legal infraction opens the door for legal action.
I like the old, skeumorphic designs better, too. But alas, Jony now has to make everything vague and boring, just like everyone else’s everything. Way to lead!
Another waste of time and resources. they aren’t even in the same industry or business.. no one is going to get confused by an App Store icon vs a label on a shirt or pants etc.
Yes but look at all the nearly free advertising KON is getting.
Well worth the filling fee. Also this is in China it’s anything can happen any day.
You are too blind to see. Both logos are very similar and that is the point. Besides, Apple would have sued if the reverse was true.
No matter, in Asia, they’d better apologize.
The app icon from 2001 and app icon today look as similar as the Google phone pre and post iphone.
Yeah, pay for the losses incurred. For every dollar someone paid for clothing directly through the App Store, pay back $2 to KON for their loss. Shouldn’t be a problem!
“You clazy man, Blen Clatlight!”
– Hop Sing, 1965
Excellent, a Bonanza reference.
Looks pretty clear cut to me, regardless of all the Apple progression the logo for the app store platform started in 2010, KON as MDN points out started before that in 2009.
Then again, three sticks to use a triangle, that goes way back.
Chinese complaining about intellutual/trademark infringement. HAHAHAHAHA!!!!!!!!!!
If Apple were selling clothing, or KON were selling apps, they might have a point. But trademarks are, in general, business-area-limited; KON would have to demonstrate that they have shown an intention to be in the same business Apple is in, and demonstrate that there exists a brand confusion in the mind of a reasonable consumer who is looking either for clothes or apps.
TL;DR? KON doesn’t have a case.
In any case, I think Apple should replace the icon because it’s meaningless, like the ones for Photos and the iTunes store.
Apple’s new round-ended tongue-depressor sticks form a stylized bi-symmetrical Roman letter ‘A’ to represent ‘APP STORE’ icons. This stylized letter ‘A’ is always displayed as white within either a blue circle (macOS) OR a blue round-cornered square (iOS). The blue surrounds are integral to the Apple designs. KON’s naked black square-ended slats form a stylized EQUILATERAL triangle that represents absolutely NOTHING more than a generic tri-sided design that has been around FOREVER. KON’s slats DO NOT represent a Chinese character nor a Chinese sound-syllable that would sound like “con” when pronounced. It’s just an arbitrary design that the clothing manufacturer chose instead of a circle, square, pentagon, hexagon, heptagon, etc. No one with even half a brain would confuse the two. If anything, Apple should counter-sue KON for its air-headedness, stupidity and general assholishness.
Easiest fix, flip the icon on the vertical axis so the ‘sticks’ stack in a clockwise direction.
KON can kiss off. China Companies are always stealing or bootlegging our ideas etc.
I seem to remember GM settling with Fabrica D’Armi Pietro Beretta SpA (Beretta) after making a Crapolet with the same name.
http://articles.latimes.com/1989-02-23/business/fi-433_1_chevrolet-beretta