Another big trademark issue this week:

The Big Apple has a new logo, and Apple says: Drop dead.

At issue is the emblem for New York City’s GreeNYC campaign, which has started to appear around the city on bus shelters, hybrid gasoline-electric taxicabs and even Whole Foods shopping bags.

The GreeNYC logo shows a stylized apple with a stalk and a leaf. It bears a resemblance to Apple’s famous logo — a resemblance Apple says infringes on its trademark. Read more…

A company’s brand is their lively hood. I don’t blame any company for vigorously defending their brand, Apple especially. Apple has gotten to that point in brand development where they don’t even need to write out their name on ads anymore, they just put the icon in the corner and everyone knows who it is. Target does the same thing. So since a little Apple icon is their whole identity, if anyone else out there uses a stylized Apple they’re going to be scrutinized for possibly diluting Apple’s brand.

When you register a trademark, you have to specify in which class or industry you will be using it to conduct business. You’d specify something like computers, food & beverage, telecommunications, etc. If someone uses a similar name or logo in a class where your trademark isn’t registered, you have a great case. If they aren’t in your industry or class, it’s a lot more difficult to prove dilution. NYC doesn’t make computers, and Apple doesn’t make cities. Right? Case closed?

Unfortunately, not in this case. NYC will probably get to use their Apple, it’s really not that similar. But if they let one Apple through without saying anything, they have to let all of them through. They need to get it down on paper why this one is isn’t an issue, just to ensure no precedent is set that will work against them in a more legitimate claim in the future.