The U.S. Trademark Trial and Appeal Board last week denied Apple protection of its venerable orange Music app icon seen in iOS, saying consumers may confuse the image with a similar design owned by MySpace.
According to GigaOm, the TTAB upheld a trademark examiner's previous decision that Apple's mark was too similar to a design granted to music service called iLike in 2008. The company was purchased by MySpace and ultimately shut down in 2009.
In its appeal, first lodged one year ago, Apple argued that the icon has never been confused with the MySpace-owned design, saying the trademark was weak because a total of eight other companies were granted protection for similar art containing musical notes. The TTAB didn't find the argument convincing, however, and sided with the initial decision to deny Apple protection.
From the TTAB's decision:
The differences in the details of the respective depictions of the double musical notes and their background designs do not suffice to distinguish the marks in terms of their overall commercial impressions.
Apple's "double musical note," or more accurately two eighth notes connected with a beam, design was first seen in the iTunes icon when the service first rolled out in 2001 and slowly morphed into the simplified icon seen in the company's newest iOS versions. The company can appeal the decision again with a federal district court, however it is unclear whether such action will be taken.
41 Comments
If Apple doesn't get this overturned, my guess is that their next move is to pay off MySpace to buy their trademark. It does seem pretty odd, though. The two logos don't look anything alike.
Oh Well...
Who in the hell uses MySpace anymore? That brand is worthless today, and Apple should offer them $10.00 for the trademark. That's 10 dollars more than it's worth.
I'm not on MySpace or Facebook, but I wouldn't mind if Facebook eventually follows in MySpace's footsteps.
Doesn't look good for Samsung. If Apple gets denied because they look too similar, then what about all the icons Samsung copied off Apple (which have more in common with Apple's icons than Apple's has with the MySpace one)?
So Apple will change it and make it purple.