Report: Apple Trying to Stop iPod-like Ads
TMO Reports - Report: Apple Trying to Stop iPod-like Ads
by , 8:35 AM EDT, July 23rd, 2004
Apple Computer is threatening to take legal action against an upstart music channel if it doesn't stop a new advertising campaign that resembles Apple's current iPod ads, the New York Post reports in its Friday edition.
The Post reported that Apple legal counsel has been threatening the Fuse cable network and its parent company, Rainbow Media Holdings LLC, if it doesn't take down its ads, which went up on phone kiosks, buses, and bus shelters in New York City on Monday.
The outdoor campaign is planned to expand to other U.S. cities and the ads are expected to appear in some national music magazines.
The ads resemble Apple's iPod ads in its silhouette style, but they also are quite risque with one depicting a man masturbating, another showing a woman pole dancing and another (see below) showing a woman feeding a man beer from a can through a funnel. All the ads have the slogan, "fuse music television. watch different.".

The Fuse channel is catching heat from Apple for ads similiar in style to its iPod ads.
Calling the ads a "nod" to Apple's contribution to the digital music revolution, Marc Juris, president of Fuse told the Reuters news agency Monday, "we're going after music lovers and are all about being interactive and the iPod has clearly redefined the way people experience music."
A spokeswoman for Fuse said on Monday that the network did not anticipate any negative reaction from Apple to its campaign. "The only dialogue I've had with Apple is with technical support for help with my Mac or one of my three iPods," said Mr. Juris, a self-described Apple fan.
Apparently, Apple has received numerous calls from iPod users who have expressed outrage over the advertisements, a source said told The Post and is now trying to presuade the network to abandon its campaign.
Fuse is a MTV competitor and was launched in May 2003. Fuse now reaches nearly 40 million subscribers and is available primarily on satellite and digital cable systems.
Spokespersons for Apple and Fuse were not immediately available for comment to The Mac Observer.
Observer Comments
Fri Jul 23, 2004 11:25 am Subject: Apple Patents Silhouettes And Word "Different"
Fri Jul 23, 2004 11:44 am Subject: Some are dumb
Fri Jul 23, 2004 11:59 am Subject: Gosh! Is the pot (Apple) calling the kettle black?
Fri Jul 23, 2004 12:19 pm Subject: Sic 'em, Apple Legal!
Usually I think Apple needs to chill out about these things, but this time I think they're 100% right to go after these ads. I saw one for the first time at a bus stop just yesterday, and naturally I thought it was an iPod ad at first glance. Apple's silhouette compaign has some of the most recognizable ads out there at this point, and I think that's a big part of Apple's success. Apple cannot allow another company to piggyback on their hard work and blur the line of their brand like this. Especially when the ads are in such questionable taste.
They even took Apple's (old) slogan. "Watch different"? Yeesh.
QuoteExactly. I was joking. Laugh. And I don't think they're nearly that old. In fact, I believe the first bongs appeared in the US in the mid-70's.Guest wrote:
Current? Try as old as beer and funnels. The author simply described it so that readers unfamiliar with the technique would have no problem understanding him.
Fri Jul 23, 2004 1:56 pm Subject: RC...your biased ignorance shines yet again.
It's pathetically clear that you only seek to bash Apple on any perceived transgression, real or not.
This has nothing to do with any other issue. It is clear that the Fuse ads are a violation of trade dress laws. Someone stated earlier that if they (Fuse) lost the "different" phrase or lost the silhouetted figures in the ads they might be able to get by with it. The combination of the two is what makes the complaint with the Fuse campaign actionable.
In other words: it's too close. Apple is doing nothing here that any other company would/should do. "Seeking protection against trade dress infringements can be vital to the survival of a business."
So shut your mouth.
Just a bit of background on Fuse...
Fuse was once known as MuchMusic, a Canadian outfit that while played more videos than MTV was very amateurish.
Since being bought and rebranded as Fuse, they have become more professional while still keeping the non-mainstream prevalent in their programming.
Just thought I would add that here, since barely anyone seems to realize that Fuse has been around for quite a long time (almost ten years) in one form or another.
Sat Jul 24, 2004 2:05 pm Subject: So from now silhouttes are prohibited in design? BS.
Sat Jul 24, 2004 2:37 pm Subject:
I don't think it's the silhouetting that's the issue here. It's the sum total of the elements of the ad that matter.
For example, suppose I create an ad with an overly happy tan chihuahua, with the tagline 'Smaller is Better - MiniMints' No problem there. But the same ad with the slogan 'Yo quiero MiniMints' would raise a stink with Taco Bell. (Just the phrase 'Yo quiero MiniMints' might be enough as well given trade dress - not sure here)
In this case, the ad uses the same colors as Apple's, the same silhouetting style, and a close variant on an Apple slogan. Eliminate two of those three elements and Apple would likely not have a case. But as it stands the ad could easily be mistaken at a distance (or even possibly at closer range) as an Apple iPod ad. Therefore I feel Apple is justified in complaining about this one.
[Obligatory IANALBIRILD Disclaimer] (I Am Not A Lawyer But I Read Interesting Legal Decisions)
Jason
This is the most stupid complaint i have ever heard of. Companies have been using silhouettes in their campaigns since the year dot. Apple (the great plagariser) has come up with a useful, cool ad and when others pick up on the (old) idea of using the silhouette, the cry like babies.
This kind of complaint would be laughed out of court in the uk, but in the US you can sue smith and wesson for shooting yourself in the head!
stupid white american crap.
ps. apple should give back the name and logo to the british phonographic company that it has 'leased' it from for the last 30 years.
wankers
Do you not think that ripping apple off was the intention? Just look at the respones here and the place you linked to here from - people, no matter how many, are talking about it. Is that not the point of advertising? So what they get a slap on the wrists and a load of free advertising.
Apple lifted Apple from apple records... Yeah, but did not Andy Warhol and Co. invent Pop-Art in the sixties/seveties, which incidently is the style that both ad campaigns ape. Also, I believe that I have seen many examples of block colours, silhouettes and cheap slogans, perhaps the perpetrators of these previous examples should now sue Apple. As the saying goes in Hollywood "there's no such thing as an original story"
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