IP Guidelines & fruit

So there is this fruit company. It is one of the biggest fruit company’s out there. It makes high margin, high concept, very expensive fruit. They used to be mocked because they made incompatible fruit that was all about looks. Now they are lauded for exactly the same reasons. This fruit company cares a lot about its Intellectual Property. They would like to protect the magic that lets them sell more than 60,000,000 identical things each year while retaining a feel of exclusivity. They like to send people letters. And one look above into the adoring but somewhat disdainful eyes of James Potter tells you that these letters will not be ignored. The image below of the waving alien is an example, used here for educational purposes only, of an inappropriate use of the Apple logo.This is an example of something we would not like to see on Shapeways.

Since a several people are making items that are MP3 player accessories we thought it prudent to point you to some trademark guidelines. You can find Apple’s trademark guidelines for 3rd parties here. And from them one gets the impression that the 1st and 2nd parties, is where its at. The trademark guidelines are written by lawyers and lawyers are expensive. In order to justify this expense they tend to be baffling. You would be good at being baffling also if you were being paid $500 an hour to tell people stuff they already know in such a way as to make them doubt that they know it. But, if you are a designer and want people to respect your IP, then setting a good example can not hurt.

Apple states that you are only allowed to use their logo if you are an authorized reseller. For educational use you can have a look at the above logo. The above image is an educational illustration of an inappropriate use of the Apple logo. You could not use such a logo on your products. You are also not allowed to imply that Apple endorses you. So “Apple loves Joris”, or “Iphones love to be cuddled by my Iphone case” would not be OK. When making an Apple accessory, it is OK to say, “Compatible with Apple Ipod.” “For use with Apple TV” or “Compatible with Iphone” is OK. But, Apple gets nervous when you call your product 3DprintedIpodcase or “Apple wants you to buy my 3D print” or “Authorized Apple 3D print.”

Apple also prohibits people from making any kind of merchandise with its logo on it. You are also not allowed to say anything mean to or about Apple. As such, I would like to apologize to Apple on behalf of the entire world for what we said about the Ipad.

For a completely mysterious reason you are also not allowed to mention things such as: Appletree, Apple Cart, Jackintosh or PodMart. The last one is a shame really because I could see PodMart become a totally huge retailer of stasis pods. And Jackintosh should be a great descriptor for the nonsense Apple fanboys sprout. Also, Appletree is not incorrect English but copyright infringement. “Think Different” is both. Throw Leopard or Snow Leopard Rug, are not mentioned nor are MacPoorBro or Uwork. Lets say you wanted to make an Apprika for example. For educational use
only the image below illustrates that such a use of the Apple logo
would be inappropriate.

Please also pay attention to some of Apple’s lesser known wordmarks such as Shake and Safari, the latter especially if you are Kenyan. Aperture might not sound relevant now but come the apocalypse I’d like to see who can beat Jobs with regards to that trademark.

I am completely not kidding about the following: Apple does not want you to take a picture of an Ipod being used or shown next to your accessory. Only very few companies have the permission to do this. So even if you buy the Ipod you are not allowed to photograph it next to your accessory. Our previous statement was incorrect. You can show a picture of your Apple compatible item with an Apple product. Any kind of rendering is not allowed however.

As a suggested step I would add “Joris is an independent publication and has not been authorized, sponsored, or otherwise approved by Apple Inc” to any and all communications. Yes, this will make twitter challenging & birthday cards seem stand-ofish but it is better to be safe than sorry. 

On the up side you can however get a lovely Powered by Darwin web button. This is completely free and a lovely accessory for people who like evolution.

On a completely unrelated note: the top image is the property of Apple, the second, third and fourth images are used under a Creative Commons Attribution License and remixed by people who will remain nameless.

7 comments

  1. ASHER NAHMIAS

    haha…. this blog (i assume) was created because of my 3D concepts/Models… which are accessories for iPhone/iPod touch etc…

    It all started when i published in my shop (http://www.shapeways.com/shops/dizingof) a 3d model of a full color “iPad Tray” – a customer ordered then it and it was declined for “copyright infringement” of the iPad pictures used on the 3d model.

    I emailed Apple’s copyright dept. and i assume they wrote to shapeways with these strict guidelines. ( again i can only assume that is the case as i was told by shapeways staff to remove any photos of my iPhone near my 3D printed models… :/ )

    I will soon upload to my shop my innovative concepts for iPhone/iPod… (after deleting them all) – according to these (absurd?) guidelines..

    Having said that you can still call me an Apple funboy.. I simply like high quality , cool, sleek, stylish electronic products. :)

  2. R krishnan

    not sure about this part. need some clarification from shapeways:

    ———
    I am completely not kidding about the following: Apple does not want you to take a picture of an Ipod being used or shown next to your accessory. Only very few companies have the permission to do this. So even if you buy the Ipod you are not allowed to photograph it next to your accessory.
    ——–

    It says on their guidelines:
    Depictions of Apple Products

    1….

    2. Compatibility: If you are a developer, you may show an image of an Apple product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Apple product or technology, provided you comply with the following requirements:

    a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.

    b. The image is an actual photograph of the genuine Apple product and not an artist’s rendering (Note: You must obtain express written permission from Apple before using any photograph owned or licensed by Apple).

    1. Joris

      You are completely correct. We were incorrectly told that photographs were not allowed. Renderings are not allowed but you can use photographs. The blog post will be correct so as not to confuse.

  3. Dizingof

    So…Joris, perhaps your legal dept. should look into this.. it seems its OK to show a real photo of an iPhone near my 3D printed model provided i follow these 2 rules:

    1. The 3d printed model is indeed for iPhone.
    2. It is a real photograph made by me of my iPhone… and it is not owned or licensed by Apple (i.e: Apple’s photograph from their website.)

    What do you think?

    Asher

  4. Joris

    Guys, thank you for pointing this out. I was told that only official partners were allowed to do this. I will check and get back to you.

    Joris

  5. Tommy Strömgren

    I was just wondering how long it would take before an IP-related discussion would start here.

    ..but I didn’t think United Fruit were that nasty about their IP.

    I was thinking more about the “replica of … from the game/movie owned by …” models that have shown up recently. :-)

  6. Rob Parthoens

    Joris,
    Are you sure you are allowed to use the ‘powered by Darwin’ web-badge’?
    Because you are breaking several rules :p
    The rules you brake are :

    Rule number 1. The link is not to the right page, but the right link according to them, doesn’t exist anymore…

    Rule number 2. Can you prove that this webpage was make with a mac? If not, you are in trouble :p

    Rule number 3. If I would print this webpage out on a printer with the logo, would that be a violation? Can I sue you if they sue me? :p

    Rule number 5. (Rule 4 is boring). If someone at Apple has a bad day and reads this webpage, you will loose the right to use the logo :p

    Rule number 6. You forgot a whole chunch of text in your credits :
    ‘ Include the following credit line on the same Web page as the Badge or on the page where you include other third party notices.

    Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. The Powered By Darwin badge is a trademark of Apple Inc., used with permission..’ This is a qoute, not an copyright infringment. I need to state this otherwise I get sued … Don’t you love Apple a little bit more now? :D

    Rule 7 is boring too.

    Joris, did you really think you get anything for free from Apple? :p

    ( For the Apple laywers; this was all written in good fun, thanks for not sueing me )

    Cheers,

    Rob

Comments are closed.