Steve Jobs Apple Tribute Logo a Copyright Dispute

A copyright and trademark battle is brewing , and it involves the Steve Jobs tribute logo. Three individuals claim to have independently created the popular image, which replaces the bite mark on the Apple logo with a profile of Steve Jobs. One claims to have created his logo in May. Another says he created his in August. And a third says he designed the logo on the day of Jobs’ death. The last one, Farzin Adeli, has since filed for copyright and trademark protection. Adeli is going to have a difficult time obtaining exclusive rights to his image, but not because two others created it before him. Even though the three designers can claim independent creation amongst themselves, they still copied Apple’s logo. Copyright law only protects original works, and the Steve Jobs tribute logo appears to be a derivative of Apple’s logo. Derivative works such as these require permission from the original copyright holder. Otherwise they constitute infringement. And while Adeli could try and argue fair use , the Marin Independent Journal reports that he is selling items with the design. Even though he intends to donate the money to cancer research, he may still be making a personal profit. Apple also owns the trademark rights to its logo, which it heavily enforces. There are marked similarities between the original logo and the Steve Jobs tribute logo, which is likely to cause consumer confusion. Any item branded with the tribute could thus be said to infringe upon the company’s trademark. The Steve Jobs tribute logo is a nice gesture, but its creators will likely be in hot water if they try to capitalize on its success. Related Resources: Artists’ Logos Show Reach and Hostility of the Web (New York Times) Avoiding Infringement Problems (FindLaw) Apple Threatens Suit Over Steve Jobs Action Figure (FindLaw’s Technologist)

See the original post:
Steve Jobs Apple Tribute Logo a Copyright Dispute

ATTORNEY ADVERTISEMENT:  This communication or portions thereof may be considered "advertising" as defined by Section 6157(c) of the California Business and Professions Code or within the jurisdiction in which you are viewing this.  Nothing in the discussion above is intended to be a representation or guarantee about the outcome of any legal proceeding in which you may be involved.  By providing the information above in this format, Michel & Associates is not soliciting you to hire it to handle a specific legal matter you may currently have or be anticipating commencing in the future.  Notwithstanding the discussion above, you should not act or refrain from acting on the basis of any content on this site without seeking appropriate legal advice regarding your particular circumstances from an attorney licensed to practice law.  This communication is informational only and does not create an attorney-client relationship between you and Michel & Associates.  Michel & Associates's attorneys are licensed to practice in California, Texas, and the District of Columbia.