Apple Can't Trademark Its Music Icon Because Of... MySpace

In a hilarious court ruling, Apple got denied a trademark on its orange music icon (the one that's on iOS devices) because trademark judges said consumers might confuse the logo with one owned by MySpace. Hah!

Yes, ____space or whatever it's going to be these days, is screwing with Apple's plans. Take a look at the two logos to see if there are similarities beyond being orange:

Backstory on the MySpace logo: It was issued to a music service called iLike in 2008 and was acquired by MySpace in 2009 before being shuttered earlier this year. Apple tried to argue that no one has ever confused the two logos (which is probably true) but the Trademark Trial and Appeal Board disagreed saying:

In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant's double musical note and design for "computer software [..]" is likely to cause confusion with the registered mark comprising a double musical note and design [..] for listening to MP3's and for sharing MP3's and music playlists with others.

Read the whole report


Comments

    As far as musical notes go, I don't think the two icons could really differ any further without one being a different colour and even that isn't needed.

    Different shapes/thicknesses in every part of the note.

      Is it much different from patenting a rounded rectangle? If you want to live that way then you have to expect to die that way.

      but its a slanted music note of a certain colour!

      But of course, the first thing I see when I look at myspace music is the fact that it's the apple music logo!

      Oh wait -- I never look at myspace music!

    Looks like top dog doesn't get his own way this time.

      correction: 2nd top dog.

    This is delicious.

      This is ridiculous

        Which is what makes it so delicious when it's happening to apple.
        mmmmm delicious apples.

    "Apple tried to argue that no one has ever confused the two logos "

    I have yet to see anybody confuse a Samsung device for an apple device, but that excuse didn't fly for Samsung.

      But when you put your finger over the big 'SAMSUNG' name on the front, and have both devices off, from a distance... they're both rounded rectangles.

      I uphold the confusion. /s

    i like steve jobs one better myspace isn't even cool

      That sentence horrifies me on so many levels.

        its true i dont even use my myspace much because

          You be serious?

            yes! my friends dont even like it too but its not too bad if you want to see your friends sometimees

              Hahahahahahhaha

              I apologise in advance. But you seem to have missed what Borganstein was referring to about your sentence. Your English is terrible.

              First sentence should have been. "I like Steve Jobs better, MySpace isn't even cool." (Saying one better doesn't make much sense here. Just saying better is fine. Also you need to work on punctuation.)
              Second "It's true I don't even use MySpace much" (the word because needs to be followed by a reason if you had one)

              Your next tuition session starts at 4:30 tomorrow.
              That is all.

                ?

                  Thanks Ted, I shouldn't think more than a 7 but I appreciate the sentiment.

                asdfjuma you are my new hero and I wish to subscribe to your newsletter.

              If you want to see your friends sometimes, assuming of course you have friends, get out of your dungeon and go to the pub or something!

    "In AN hilarious..."

      Only if you have problems with your annunciation.

    yes! my friends dont even like it too but its not too bad if you want to see your friends

    pretty sure they shouldn't be trying to trademark a freaking musical note though, next they will try and patent oxygen!

      Well, the scary thing is that corps. involved in the genome project, are actually patenting human genes! No bullshit.

    The first thing myspace as done right in years, lol. Although i like apple, i hate the fact that they try to sue everyone and I find it amusing when the lose. :D

    Trade Marking everything hey... How much does each trade mark cost? Perhaps I shall acquire some random things.

      Trade marks are actually quite cheap compared to patents. The trouble is that its strength can rely on its visibility.

    I cant tell the difference, they both look the same.

    They're both terrible. I'd be relieved if I worked for Apple.

    The phone icon on my phone is a green square with a handset. My phone housing says Samsung. Does this mean I own an iPhone?

    are you serious? apple doe s these things to any company/product that has a similar shape to theirs. jesus, arrogant.

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