Will Sesame Street Attract Apple's Ire Over "There's An App For That" Song?

Well since the Sesame Street bit would fall under parody, there is very little that Apple can actually do about it. They could try to sue, but their chances of winning are smaller than my chance of winning the power ball (which I don't play).

InfinityzeN1:

They could try to sue

Of course they can sue. They've trade-marked that slogan and someone else is using it. Someone who sells their programming and entertainment DVD's to kids parents all of the time. Just about anyone with young kids has bought some sort of Sesame Street stuff before.

But Sesame Street has already gotten away with these parody's many times before, and I think that it would be bad Karma to go after them.

I thought it was funny.

realneil:

InfinityzeN1:

They could try to sue

Of course they can sue. They've trade-marked that slogan and someone else is using it. Someone who sells their programming and entertainment DVD's to kids parents all of the time. Just about anyone with young kids has bought some sort of Sesame Street stuff before.

But Sesame Street has already gotten away with these parody's many times before, and I think that it would be bad Karma to go after them.

I thought it was funny.

I still don't get how Apple can sue them, considering that this is a parody and as such it's protected under fair use. Still, I wonder if HotHardware's going to speed up it's news so it can go fast. (cause the past few days have been slow).

TaylorKarras:

I still don't get how Apple can sue them

They've trade-marked that slogan and someone else (another corporate entity) is using it. Cut and dry.

realneil:

TaylorKarras:

I still don't get how Apple can sue them

They've trade-marked that slogan and someone else (another corporate entity) is using it. Cut and dry.

So you're saying trademarks in parody are not protected under fair use? I learn something new everyday.

TaylorKarras:

So you're saying trademarks in parody are not protected under fair use?

I could be wrong,...........it happened once, 32 years ago,.....just kidding.

I'm not a Lawyer. FAIR USE EXPLAINED

It may be a moot point, because as I said Sesame Street seems to get away with this sort of thing all of the time. If Apple tells them to stop and they don't, then we'll know soon enough.

I think quoting is broken on homepage articles...

But hey its apple's trademark, no matter how it is used i think they still have rights over it. So we will have to follow closely and see :)

Well having a trademark does not protect you from fair use and parody in any way.  In fact, your trade mark really only helps you if the other company can compete with you in one of your business areas.  If I opened up an actual fruit stand, I could name it Apple and there is nothing that Apple Inc could do about it unless I exactly copied the writen style of it.

Apple sells 'computers' and gadgets.  S. Street sells kids entertainment.  No competing between their business models.  Also the use of the line was in a parody ment to provide entertainment.  Under fair use and parody laws, this is perfectly legal.

So as I said in the begining, Apple could try to sue but they don't have a leg to stand on.  This has not stopped them from bullying companies in the past before though.