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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.



61 Comments

SpamSandwich 19 Years · 32917 comments

Well...



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.

boltsfan17 12 Years · 2294 comments

Technically this isn't copyright infringement since you can't copyright a logo. You can only trademark a logo. I don't see how this company has a case since Apple isn't selling clothes. 

SpamSandwich 19 Years · 32917 comments

Technically this isn't copyright infringement since you can't copyright a logo. You can only trademark a logo. I don't see how this company has a case since Apple isn't selling clothes. 

Yes, of course it would be a trademark infringement case... unless in China copyright laws also cover trademarks.

gatorguy 13 Years · 24627 comments

Technically this isn't copyright infringement since you can't copyright a logo. You can only trademark a logo. I don't see how this company has a case since Apple isn't selling clothes. 

According to this legal source you can copyright a logo in China.
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.

SpamSandwich 19 Years · 32917 comments

gatorguy said:
Technically this isn't copyright infringement since you can't copyright a logo. You can only trademark a logo. I don't see how this company has a case since Apple isn't selling clothes. 
According to this legal source you can copyright a logo in China.
https://www.fbrice.com.au/publication/Reasons_for_registering_Copyright_in_China.aspx

That was sort of what I assumed. Thanks for digging up a source.