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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

Show: Subjects Only | Full Comments
Close Name:fartheststar Posts: 222 Joined: 04 Jan 2004
Subject:

I noticed Special K has ads for their walking step thingy that they put in their cereal, it's very similar (but not as cool).

There are also print ads at the pottery barn (or is it pottery barn kids?) that are similar.

Shows how people see something that's working and try to copy it.

Close Name:Guest
Subject: Ad slogan also rips off Apple

You'll notice that the the fuse.tv ads also use the slogan "watch different". Remind you of a slogan previously and famously used by a well-known computer company?

Close Name:Guest
Subject: Feed This

Quote
Guest wrote:
feeding a man beer from a can through a funnel.


It's called a beer bong, morons.

Close Name:Paul August Posts: 5 Joined: 07 Jan 2004
Subject: Morons

Yup, not being up on jargon concerning over indulgent beer drinking apparatus and practices is certainly moronic!

Close Name:Kircle Posts: 271 Joined: 06 May 2004
Subject:

Heh, Mr. Gibson should consider attending a few frat parties to get caught up on the current vernacular.

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Apple Patents Silhouettes And Word "Different"
Close Name:kenaustus Posts: 602 Joined: 27 Jun 2003
Subject: Some are dumb

While some of the take offs are, in effect, good advertisement for Apple, these are in pretty bad taste and are not in Apple's interests. Hope they shut them down - who ever thought they were cute was just plain dumb.

Close Name:Guest
Subject: Gosh! Is the pot (Apple) calling the kettle black?

I doubt Apple will even find this comparable - but it is. Isn't expropriation without compensation of another person's ideas wrong in any sense? Hmm, Watson and Konfabulator come to mind

Close Name:Guest
Subject: the name has always been illogical anyway

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.

Close Name:Guest
Subject: Must We

Must we bring up Konfabulator every day? It's a dead horse. Leave it alone.

Close Name:Mikuro Posts: 457 Joined: 15 Jun 2002
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.

Close Name:Guest
Subject: They went a little too far

It's one thing to use the silhouettes. It's one thing to use the "--- different". But combining the two of them together really does make it seem like Apple is somehow endorsing this.

If they bagged the "Watch Different" part, I think they'd be okay. But the two together? Nope--sorry.

Close Name:Kircle Posts: 271 Joined: 06 May 2004
Subject:

Quote
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.
Exactly. 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.

Close Name:Gunhedd Posts: 14 Joined: 06 May 2004
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.

Close Name:Guest
Subject:

It's also called funneling moron.

Close Name:Spider Posts: 2997 Joined: 12 Aug 2001
Subject:

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.

Close Name:Kircle Posts: 271 Joined: 06 May 2004
Subject:

Whatever

Close Name:Guest
Subject:

It doesnt matter Silouhetting is a form of art anyone can use just because apple used it first doesn't mean other people can't

Close Name:Guest
Subject: So from now silhouttes are prohibited in design? BS.

Morons.

Close Name:Jason Varner -   TMO Mac Specialist Posts: 1125 Joined: 05 Jan 2002
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

Close Name:Guest
Subject: Oh my god- are you all american??

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

Close Name:Guest
Subject: Boo hoo apple got ripped off

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.

Close Name:Guest
Subject: Who copied who...

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"

Close Name:Guest
Subject: ??

How could anyone mistake that for an Apple ad? It's got a whacking great TV in the top corner. It's also crap.

Close Name:Guest
Subject: iPod ads aren't Mac ads!

The characteristic sihouette ads for iPods are noticeable and successful. 'Bout time Apple started some successful Mac ads, ain't it?

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