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NYC artist claims Apple jacked his slogan for iPhone ad

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#1 +techbeck

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Posted 13 May 2014 - 12:41

You’ve probably seen Apple’s “You’re more powerful thank you think” iPhone 5s commercial, which depicts iPhone owners using their device to do everything from control a guitar to fire a set of rockets. What you might not know, however, is that the ad’s signature tagline has allegedly been used by well-known New York City street artist James De La Vega for almost 10 years. Now he’s taking action.

 

According to the Daily News, De La Vega has filed a cease-and-desist letter to Apple, claiming that the company intentionally stole the tagline that’s widely associated with his work. De La Vega’s lawyer claims that the commercial violates the artist’s rights as the “common law owner of the trademark,” and that it falsely gives the message that De La Vega supports Apple.

 

De La Vega told the Daily News that his quotes are “intended to inspire, uplift and empower human beings,” and that Apple used his phrase to “motivate their base to buy their phones.” We reached out to Apple for comment, but had not received a response as of publish time.

 

More....

http://www.foxnews.c...intcmp=features




#2 McKay

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Posted 13 May 2014 - 12:48

Well known? Never heard of him. 

 

You can trademark a slogan as generic as that?  :huh:

 

 



#3 OP +techbeck

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Posted 13 May 2014 - 12:54

 

You can trademark a slogan as generic as that?  :huh:

 

Why not...Nike trademarked Just Do It.



#4 McKay

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Posted 13 May 2014 - 12:58

Why not...Nike trademarked Just Do It.

 

I should make a food or drink product and trademark the slogan "It's delicious". And go after anyone who dare describe their product as "delicious". 



#5 episode

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Posted 13 May 2014 - 13:03

I should make a food or drink product and trademark the slogan "It's delicious". And go after anyone who dare describe their product as "delicious". 

 

You can. But they would have to use the EXACT slogan to describe the same type of product to infringe on it.



#6 OP +techbeck

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Posted 13 May 2014 - 13:10

I should make a food or drink product and trademark the slogan "It's delicious". And go after anyone who dare describe their product as "delicious". 

 

Never said it was right...just an example of a common saying being trademarked,



#7 McKay

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Posted 13 May 2014 - 13:12

You can. But they would have to use the EXACT slogan to describe the same type of product to infringe on it.

 

If a "street artist" can sue a Tech Company for it, I can sue other food and drink makers  :rofl:

 

McKay's Generic Food and Drink. It's Delicious



#8 episode

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Posted 13 May 2014 - 13:21

If a "street artist" can sue a Tech Company for it, I can sue other food and drink makers  :rofl:

 

McKay's Generic Food and Drink. It's Delicious

 

Well, you can sue for whatever you want.

Doesn't mean you will win. Just like this guy won't.



#9 FloatingFatMan

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Posted 14 May 2014 - 04:58

If a "street artist" can sue a Tech Company for it, I can sue other food and drink makers  :rofl:

 

McKay's Generic Food and Drink. It's Delicious

 

But can you show you were using the phrase publically before others were? :p



#10 ichi

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Posted 14 May 2014 - 06:54

Well known? Never heard of him.

You can trademark a slogan as generic as that? :huh:


If you can also trademark a brand like "Apple" then I guess there should be no problem trademarking something that's at least a few words long.

Slogans are usually generic though: the aforementioned "just do it", bmw's "do you like driving", "ideas for life", "connecting people"...

Then again it doesn't look like that guy had an actual registered trademark on that.

#11 rfirth

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Posted 14 May 2014 - 07:08

Then again it doesn't look like that guy had an actual registered trademark on that.

 

You aren't required to register trademarks.



#12 .Neo

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Posted 14 May 2014 - 07:29

I'm pretty sure I heard someone utter the phrase "You’re more powerful thank you think" quite a few times before on multiple occasions...



#13 AsherGZ

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Posted 14 May 2014 - 08:13

Not the first time Apple stole someone else's artistic work. http://bits.blogs.ny...type=blogs&_r=0



#14 HawkMan

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Posted 14 May 2014 - 17:06

I should make a food or drink product and trademark the slogan "It's delicious". And go after anyone who dare describe their product as "delicious". 

 

the rarity or complexity of the phrase doesn't matter for a trademark.

 

Nikon's trademark is "I Am ......."

 

They can't sue people for using it in daily speak or even other companies for using it in marketing material(unless it's very obvious bolded and such and don't fit it). However if someone where to make marketing that said "I am the best burger" or something, then they absolutely could. 



#15 Praetor

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Posted 14 May 2014 - 23:13

"You’re more powerful thank you think" - nope, never heard... now "You’re more powerful than you think" then yes, i've heard it.