throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1090346
`10/21/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Apple Inc.
`
`10/21/2020
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`J. DAVID MAYBERRY
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 AVENUE OF THE AMERICAS, 21ST FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary Email: dmayberry@ktslaw.com
`Secondary Email(s): sstadler@ktslaw.com, agarcia@ktslaw.com, tmad-
`min@ktslaw.com
`212-775-8700
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88707638
`
`Publication date
`
`06/23/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`10/21/2020
`
`Opposition Peri-
`od Ends
`
`10/21/2020
`
`PROPAGANDA GOLD
`1918 BOUL. SAINT-REGIS
`DORVAL, QUEBEC, H9P1H6
`CANADA
`
`Goods/Services Affected by Opposition
`
`Class 038. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Telecommunications services, namely,
`transmission of digital media content, digital multimedia content, videos, movies,pictures, images,
`text and photos featuring user-generated content on a wide variety of topics and subjects via the In-
`ternet and other communications networks;broadcasting, webcasting, streaming, and transmission of
`audio, video, subscription television, and video-ondemand content via the internet and electronic
`communications networks; television broadcasting to mobile devices, namely, mobile phones, tablets,
`and personal computers; telecommunications services, namely, providing email alerts by means of
`push notification technology via the internet for use by virtual communities in social networking envir-
`onments; providing onlinecommunity forums and chat rooms for real-time interaction among users to
`post, search, watch, share, critique, rate, and comment on, videos and other multimedia content via
`the Internet and other communications networks
`
`

`

`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Online non-downloadable software for com-
`municating with others in online community forums by posting, sharing and commenting on a wide
`variety of topics and subjects; software as a service (SAAS) services, namely, hosting software for
`use by others for use in communicating with others in online community forums by posting, sharing
`and commenting on a wide variety of topics and subjects; online non-downloadable software for post-
`ing online web links to other websites featuringimages, audio recordings, video recordings, and text;
`online non-downloadable software for ranking, rating, and labeling internet content on a wide variety
`of topics and subjects; online non-downloadable software for finding persons in previous relationships
`with others and learning of their whereabouts for the purpose of building online social networking
`communities; online non-downloadable software for transmission of online messaging in a social net-
`working environment using push notification technology via the internet; online downloadable soft-
`ware for creating and maintaining microblogs for others; online non-downloadable software for show-
`ing a user that user's desired and preferred content based on the user's online history and filtering
`from that history any undesired content; online non-downloadable software for use in community for-
`ums and chat rooms for the purpose of posting, searching, watching, sharing, critiquing, rating, and
`commenting on, videos and other multimedia content via the Internet and other communications net-
`works
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3803176
`
`Registration Date
`
`06/15/2010
`
`Application Date
`
`11/30/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`THINK DIFFERENT
`
`NONE
`
`Class 009. First use: First Use: 1997/09/28 First Use In Commerce: 1997/09/28
`Computers, computer hardware, computer peripherals, [ and user manuals sold
`as a unit therewith; ] computer cables; computer terminals and monitors; com-
`puter keyboards; [ Portable and handheld digital electronic devices for recording,
`organizing, transmitting, receiving, manipulating, playing and reviewing text,
`data,image, audio and video files; MP3 and digital audio players; Hand held
`computers, personal digital assistants, electronic organizers; Computer software
`for usein organizing, transmitting, manipulating, and reviewing text, data, audio
`and video files on portable and handheld digital electronic devices; Computer
`software for use in authoring, downloading, transmitting, receiving, editing, ex-
`tracting, encoding, decoding, playing, storingand organizing audio, video and
`other digital data; ] Computer operating systemsoftware [ ; Computer software
`for use in organizing, managing, viewing, browsing and accessing files, com-
`puter application software, disks, network connections, and computer hardware
`and peripheral devices; Computer software for use to navigate and search a
`global computer information network, as well as, organize and summarize the in-
`formation retrieved; Computer software for the automatic configuration of com-
`puter networks, programs,peripherals, hardware and other computer devices;
`Computer programming softwareand computer software for software develop-
`ment; Application development tool programs; Computer utility software; Internet
`browser software; Computer fonts, typefaces, type designs and symbols; Com-
`puter software for use in font justification and font quality; Computer software for
`matching, correction, and reproduction of color; Computer programs for access-
`ing, browsing and searching online databases; Computer software for use in
`providing multiple user access to a global computer information network for
`
`

`

`searching, retrieving, transferring, manipulatingand disseminating a wide range
`of information; Electronic mail and messaging software; Computer software for
`task list management, automated reminders, and scheduling; Computer soft-
`ware for management of personal and business information for individuals and
`groups; Computer software for personal information and contact information
`management; Computer software for the creation, delivery, editing and viewing
`of digital media, namely, video, sound, animation, graphics, text, music and vir-
`tual reality; Computer software for use in authoring, downloading, transmitting,
`receiving, editing, extracting, encoding, decoding, playing, storing and organiz-
`ing text, data, audio, video and still images; Computer game software; Computer
`graphics software; Computersoftware for data backup; Computer software for
`protecting, restoring and recovering data; Data synchronization software; Com-
`puter software for use in network server sharing; Local networking software;
`Computer software for analyzing and troubleshooting other computer software;
`Computer software for website development; Computer software for the cre-
`ation, editing, authoring and/or playback of digital versatile disks; Computer soft-
`ware used for image editing, image processing, image acquisition, image file
`management, image viewing, image sharing, and the creation of documents in-
`corporating images; Computer software for use in videoediting; Computer soft-
`ware for use in word processing and database management; Computer pro-
`grams for creating, editing and printing documents comprised of textand graph-
`ics; Computer software for usein word processing and database management;
`Computer software for creating spreadsheets, tables, graphs, and charts, and
`for organizing and analyzing data, forhome, education, business, and developer
`use; Computer software for presentation graphics, namely, software for generat-
`ing, storing, retrieving, manipulating and altering texts and graphics for use in
`presentations ]
`
`U.S. Registration
`No.
`
`2707257
`
`Registration Date
`
`04/15/2003
`
`Application Date
`
`06/28/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`THINK DIFFERENT
`
`NONE
`
`Class 009. First use: First Use: 1997/09/28 First Use In Commerce: 1997/09/28
`Computers hardware; hand held computers;[ computer terminals and monitors;]
`personal digital assistants; portable digital audio players; electronic organizers;[
`computer keyboards,] cables, [modems;]computer programs for personal inform-
`ation management; database management software; [character recognition soft-
`ware; telephony management software;] electronic mail and messaging soft-
`ware; [paging software;] database synchronization software; computer programs
`for accessing, browsing and searching online databases; operating system soft-
`ware; data synchronization programs; application developmenttool programs;
`[blank computer storage media;] computer fonts, typefaces, type designs and
`symbols; [chips,] [ discs ] [and tapes bearing or for recording computer programs
`and software;] computer software for use in providing multiple user access to a
`global computer information network for searching, retrieving, transferring, ma-
`nipulating and disseminating a wide range of information; computer software for
`use as a programming interface; computer software for use in network server
`sharing; local networking software; computer software for matching, correction,
`and reproduction of color; [computer software for use to assist in dialing tele-
`phone numbers;] computer software for use in video editing; computer software
`for use in enhancing text and graphics; computer software for use in font justific-
`ation and font quality; computersoftware for use to navigate and searcha global
`computer information network, as well as, organize and summarize the informa-
`
`

`

`tion retrieved; computer software for use in word processing and database man-
`agement; computer software for use inauthoring, downloading, transmitting, re-
`ceiving, editing, extracting, encoding,decoding, playing, storing and organizing
`audio, video and other digital data; computer software for analyzing and
`troubleshooting other computer software; [Children's educational software;
`]Computergame software; Computer graphics software; Computer search en-
`gine software; [ Web site development software; ] [computer peripherals;] in-
`structional manuals packaged in association with all of the above
`
`Attachments
`
`Final Notice of Opposition - THINK DIFFERENT AGAIN.pdf(403184 bytes )
`Exhibit A.pdf(186748 bytes )
`Exhibit B.pdf(386275 bytes )
`Exhibit C.pdf(68302 bytes )
`Exhibit D.pdf(323464 bytes )
`Exhibit E.pdf(95520 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Sara K. Stadler/
`
`Sara K. Stadler
`
`10/21/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Serial No.: 88/707,638
`Mark: THINK DIFFERENT, AGAIN
`Filing Date: November 26, 2019
`Publication Date: June 23, 2020
`
`APPLE INC.,
`
`Opposer,
`
`v.
`
`Opposition No. __________
`
`PROPAGANDA GOLD,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Apple Inc. (“Apple”), a corporation organized and existing under the laws of
`
`California with a principal place of business at One Apple Park Way, Cupertino, California 95014,
`
`will be damaged by registration of the mark THINK DIFFERENT, AGAIN (“Applicant’s Mark”)
`
`as shown in Application Serial No. 88/707,638 (the “Application”) and published in the Official
`
`Gazette on June 23, 2020, and accordingly, Apple opposes the Application. Apple timely sought
`
`extensions of time in which to file this Notice of Opposition, and those extensions were granted.
`
`As grounds for this Notice of Opposition, Apple alleges as follows:
`
`1.
`
`Apple designs, manufactures and markets smartphones, personal computers,
`
`tablets, wearables and accessories, and sells a variety of related services. Its products include the
`
`1
`
`

`

`iPhone smartphone, the Mac personal computer, the iPad tablet, and wearables such as AirPods
`
`wireless headphones and the Apple Watch personal electronic device.
`
`2.
`
`Long before Applicant Propaganda Gold (“Applicant”) applied to register
`
`Applicant’s Mark, Apple owned and used the THINK DIFFERENT mark.
`
`3.
`
`Apple introduced its THINK DIFFERENT mark in an iconic marketing campaign
`
`that debuted in 1997 with a television advertisement featuring the following copy, narrated by
`
`actor Richard Dreyfus and illustrated with motion pictures depicting such famous innovators as
`
`Maria Callas, Albert Einstein, Jim Henson, and Pablo Picasso:
`
`Here’s to the crazy ones. The misfits. The rebels. The troublemakers. The round
`pegs in the square holes. The ones who see things differently. They’re not fond of
`rules, and they have no respect for the status quo. You can quote them, disagree
`with them, glorify or vilify them. About the only thing you can’t do is ignore them.
`Because they change things. They push the human race forward. And while some
`may see them as the crazy ones, we see genius. Because the people who are crazy
`enough to think they can change the world are the ones who do.
`
`4.
`
`A key consideration in the selection of THINK DIFFERENT was that the phrase is
`
`grammatically incorrect, creating a distinct and memorable consumer impression. “Think” is a
`
`verb and should be modified by an adverb such as “differently”—not the adjective “different.”
`
`Attached as Exhibit A is an article published in Advertising Age, which profiles Robert Deutsch,
`
`a cultural anthropologist who worked on Apple’s THINK DIFFERENT campaign.
`
`5.
`
`Over the years, Apple’s THINK DIFFERENT advertising campaign has won
`
`numerous awards, including a Primetime Emmy award for “Outstanding Commercial” and the
`
`Grand Effie award.
`
`6.
`
`Apple’s THINK DIFFERENT mark has been described as “[t]he most famous
`
`tagline in Apple history” and “part of Apple’s DNA.” See Exhibit B. The mark also continues to
`
`2
`
`

`

`be used by and widely associated with Apple in connection with its innovative products, including
`
`Apple’s iMac desktop computer.
`
`7.
`
`As a result of Apple’s extensive promotion and sales of products under the THINK
`
`DIFFERENT mark, as well as unsolicited media attention, the consuming public associates that
`
`mark for personal computing devices, software, and related services exclusively with Apple, and
`
`has identified Apple as the source of those products and services since prior to the filing date of
`
`the Application.
`
`8.
`
`Apple owns the following United States trademark registrations for the THINK
`
`DIFFERENT mark:
`
`Mark
`
`Reg. No.
`
`Dates
`
`Goods
`
`THINK
`DIFFERENT
`
`3,803,176*
`
`First Use Date:
`Sep. 28, 1997
`
`Application Date:
`Nov. 30, 2009
`
`Registration date:
`Jun. 15, 2010
`
`THINK
`DIFFERENT
`
`2,707,257
`
`First Use Date:
`Sep. 28, 1997
`
`Application Date:
`Jun. 28, 2002
`
`Registration date:
`Apr. 15, 2003
`
`3
`
`Class 9: Computers, computer hardware,
`computer peripherals, computer cables;
`computer terminals and monitors; computer
`keyboards; Computer operating system software
`
`Class 9: Computer hardware; hand held
`computers; personal digital assistants; portable
`digital audio players; electronic organizers;
`cables, computer programs for personal
`information management; database management
`software; electronic mail and messaging
`software; database synchronization software;
`computer programs for accessing, browsing and
`searching online databases; operating system
`software; data synchronization programs;
`application development tool programs;
`computer fonts, typefaces, type designs and
`symbols; computer software for use in providing
`multiple user access to a global computer
`information network for searching, retrieving,
`transferring, manipulating and disseminating a
`wide range of information; computer software
`
`

`

`Mark
`
`Reg. No.
`
`Dates
`
`Goods
`for use as a programming interface; computer
`software for use in network server sharing; local
`networking software; computer software for
`matching, correction, and reproduction of color;
`computer software for use in video editing;
`computer software for use in enhancing text and
`graphics; computer software for use in font
`justification and font quality; computer software
`for use to navigate and search a global computer
`information network, as well as, organize and
`summarize the information retrieved; computer
`software for use in word processing and
`database management; computer software for
`use in authoring, downloading, transmitting,
`receiving, editing, extracting, encoding,
`decoding, playing, storing and organizing audio,
`video and other digital data; computer software
`for analyzing and troubleshooting other
`computer software; Computer game software;
`Computer graphics software; Computer search
`engine software; instructional manuals packaged
`in association with all of the above
`
`The foregoing registrations (collectively, “Apple’s Registrations”) are valid and in full force and
`
`effect and the registration marked with an asterisk has become incontestable. Apple’s Registrations
`
`constitute prima facie or conclusive evidence of Apple’s exclusive right to use the registered marks
`
`in connection with the goods specified in the registrations. Pursuant to 37 C.F.R. § 2.122(d),
`
`printouts from the United States Patent and Trademark Office’s electronic TSDR database,
`
`showing the current status and title for each of Apple’s Registrations, are attached as Exhibit C.
`
`9.
`
`Notwithstanding Apple’s prior rights, Applicant filed the Application on November
`
`26, 2019, under Section 1(b), 15 U.S.C. § 1051(b), to register THINK DIFFERENT, AGAIN for
`
`the following services (“Applicant’s Services”):
`
`Class 38: Telecommunications services, namely, transmission of digital media
`content, digital multimedia content, videos, movies, pictures, images, text and
`photos featuring user-generated content on a wide variety of topics and subjects via
`4
`
`

`

`the Internet and other communications networks; broadcasting, webcasting,
`streaming, and transmission of audio, video, subscription television, and video-
`on[-]demand content via the internet and electronic communications networks;
`television broadcasting to mobile devices, namely, mobile phones, tablets, and
`personal computers; telecommunications services, namely, providing email alerts
`by means of push notification technology via the internet for use by virtual
`communities in social networking environments; providing online community
`forums and chat rooms for real-time interaction among users to post, search, watch,
`share, critique, rate, and comment on, videos and other multimedia content via the
`Internet and other communications networks
`
`Class 42: Online non-downloadable software for communicating with others in
`online community forums by posting, sharing and commenting on a wide variety
`of topics and subjects; software as a service (SAAS) services, namely, hosting
`software for use by others for use in communicating with others in online
`community forums by posting, sharing and commenting on a wide variety of topics
`and subjects; online non-downloadable software for posting online web links to
`other websites featuring images, audio recordings, video recordings, and text;
`online non-downloadable software for ranking, rating, and labeling internet content
`on a wide variety of topics and subjects; online non-downloadable software for
`finding persons in previous relationships with others and learning of their
`whereabouts for the purpose of building online social networking communities;
`online non-downloadable software for transmission of online messaging in a social
`networking environment using push notification technology via the internet; online
`downloadable software for creating and maintaining microblogs for others; online
`non-downloadable software for showing a user that user's desired and preferred
`content based on the user's online history and filtering from that history any
`undesired content; online non-downloadable software for use in community forums
`and chat rooms for the purpose of posting, searching, watching, sharing, critiquing,
`rating, and commenting on, videos and other multimedia content via the Internet
`and other communications networks
`
`10.
`
`As shown below and in Exhibit D, Applicant presents its THINK DIFFERENT,
`
`AGAIN mark using practically identical stylization (font, upper case “T” and lower case “d”
`
`capitalization, and punctuation) and color to mimic Apple’s iconic presentation of its THINK
`
`DIFFERENT mark:
`
`5
`
`

`

`Apple’s Presentation:
`
`Applicant’s Presentation:
`
`11.
`
`It cannot be mere coincidence that Applicant’s Mark wholly contains Apple’s
`
`uniquely grammatically incorrect THINK DIFFERENT mark and Applicant’s presentation
`
`mimics Apple’s iconic presentation.
`
`GROUND FOR OPPOSITION
`LIKELIHOOD OF CONFUSION
`15 U.S.C. § 1052(d)
`
`12.
`
`Apple hereby incorporates each of the preceding paragraphs as if fully set forth
`
`herein.
`
`6
`
`

`

`13.
`
`Applicant’s Mark is confusingly similar in appearance, sound, and commercial
`
`impression to Apple’s THINK DIFFERENT mark.
`
`14.
`
`Apple’s THINK DIFFERENT mark is both wholly contained in and the dominant
`
`feature of Applicant’s Mark. Applicant’s Mark merely adds a comma and the word “AGAIN” to
`
`Apple’s THINK DIFFERENT mark.
`
`15.
`
`In addition, Applicant’s specified services are identical, closely related, or
`
`complementary to the goods and services offered by Apple under its THINK DIFFERENT mark
`
`and other marks owned by and associated with Apple. As one example, Applicant intends to offer
`
`“television broadcasting to mobile devices, namely, mobile phones, tablets, and personal
`
`computers”; Apple offers computers under its THINK DIFFERENT mark; and Apple also offers
`
`broadcasting services under several of its other marks, including APPLE MUSIC and APPLE TV.
`
`See Exhibit E. In addition, both parties offer or intend to offer software that enables users to
`
`communicate online.
`
`16.
`
`Applicant’s use of a mark highly similar to Apple’s THINK DIFFERENT mark for
`
`services that are identical, closely related, or complementary to the goods and services offered by
`
`Apple under its THINK DIFFERENT mark and other marks owned by and associated with Apple
`
`is likely to lead consumers mistakenly to believe that Applicant’s services under Applicant’s Mark
`
`are associated with, endorsed by, connected with, or affiliated with Apple.
`
`17.
`
`Apple will be damaged by the registration of Applicant’s Mark because Applicant’s
`
`Mark so closely resembles Apple’s previously used and registered THINK DIFFERENT mark as
`
`to be likely to cause confusion, mistake, or deception in the minds of consumers as to the origin
`
`7
`
`

`

`or source of Applicant’s products or the affiliation between Applicant and Apple, in violation of
`
`Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`18.
`
`If the Application matured into a registration, Applicant would obtain a prima facie
`
`exclusive right to use Applicant’s Mark in connection with Applicant’s Services, thus causing
`
`damage and injury to Apple.
`
`19.
`
`Apple therefore asks the Board to sustain this proceeding in Apple’s favor by
`
`refusing registration to the mark underlying Application Serial No. 88/707,638.
`
`The required opposition fee is being electronically processed in connection with this Notice
`
`of Opposition.
`
`This 21st day of October, 2020.
`
`Respectfully submitted,
`
`/Sara K. Stadler/
`J. David Mayberry
`Sara K. Stadler
`KILPATRICK TOWNSEND & STOCKTON LLP
`The Grace Building
`1114 Avenue of the Americas
`New York, New York 10036
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
`dmayberry@kilpatricktownsend.com
`sstadler@kilpatricktownsend.com
`
`Attorneys for Opposer Apple Inc.
`
`8
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`9/6/2016
`
`Record: 1
`
`EBSCOhosI
`
`Deutsch 'makes meaning' for DDB Needham ad work. By: Petrecca,
`
`Laura. Advertising Age. 9/21/1998, Vol. 69 Issue 38, p32-32. 2/5p. 1
`
`Color Photograph.
`
`Database: Academic Search Premier
`
`Section: PEOPLE
`
`PLAYER PROFILE
`
`DEUTSCH ‘MAKES MEANING' FOR DDB NEEDHAM AD WORK
`
`GRAMMAR ASIDE, ANTHROPOLOGIST TO BE RESOURCE FOR REAL-WORLD COMMUNICATION
`DDB needham Worldwide's latest recruit doesn‘t know much about the advertising industry.
`
`“I have no idea how the advertising machine works. I have no idea how the agency works," said DDB
`Needham's new full-time, in-house consultant, cultural anthropologist Robert Deutsch.
`
`Avoiding agency politics and procedures allows him to focus on his area of expertise: understanding why people
`become attached to certain products and services.
`
`. I'm interested in how people make meaning, how
`.
`“That's my value. I know one thing -- how the mind works. .
`they segment their experiences." he said. “The only way to serve a client is to understand .
`.
`. how the
`attachment process happens -- [why] people say, ‘I want this, I'm deficient without it.' "
`
`REACHING BEYOND FOCUS GROUPS
`
`Hiring a cultural anthropologist is nothing new in the ad world. As agencies strive to reach beyond demographics
`and focus groups to understand consumers, many have brought in cultural anthropologists and psychologists.
`
`Mr. Deutsch's knowledge of indigenous greetings and introductions, for example, can be translated into advice on
`how an agency client should introduce a new brand to the consumer, said Abigail Hirschhorn, DDB Needham's
`director of planning.
`
`“He's able to call up real-world examples that help us understand a particular communication challenge," she
`said.
`
`After earning his doctorate from the Albert Einstein College of Medicine, Mr. Deutsch studied preliterate societies
`in New Guinea and Venezuela and served as a consultant to the U.S. State, Treasury and Defense departments.
`
`He claims he doesn‘t plan his future. Instead, “I let myself be a billiard ball in the universe and ljust bounce into
`
`things," he said.
`
`He ricocheted into advertising after Saatchi & Saatchi executives attended his lecture on why Americans often
`have a negative image of Japan. As a result, he was later recruited as a consultant for the Toyota Motor Sales
`USA account.
`
`A NEW PERSPECTIVE
`
`“He gives you a new way to look at things," said Sally Reinman, Worldwide planning director on the account.
`
`Since then, Mr. Deutsch, 50, has worked with other shops, including Fallon McElligott, Y&R Advertising and J.
`
`Walter Thompson USA.
`
`http:/Meb.b.ebscohost.com .i.ezproxy.nypl.org/ehost/delivery?sid= b61b2638-f346-4edc—b07a—e0e00a1c9950%405essionmgr1&vid=1&ReturnU rl= http%3a%2f%. . .
`
`1/2
`
`

`

`9/6/2016
`
`EBSCOhost
`
`He's offered advice on campaigns ranging from Saatchi & Saatchi's “Everyday" effort for Toyota to TBWA
`Chiat/Day's “Think different" slogan for Apple Computer.
`
`It was Mr. Deutsch for example, who pushed for the grammatically incorrect slogan over the grammatically
`correct “Think differently" option -- because of “neurology," he said.
`
`He argued that humans process "Think differently" in three beats, which symbolize a beginning, middle and end,
`while the two-beat “Think different" leaves consumers “open ended" and with an open mind.
`
`DDB Needham executives, albeit in a grammatically correct manner, are betting on Mr. Deutsch to push their
`clients and staffers to emulate that thinking. "He will provoke other people to think more and think differently,"
`said New York President Peter Tate.
`
`PHOTO (COLOR): Different doc: Robert Deutsch's cultural anthropology credentials should push DDB
`Needham to think different.
`
`Laura Petrecca
`
`Copyright of Advertising Age is the property of Crain Communications Inc. (MI) and its content may not be copied
`or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission.
`However, users may print, download, or email articles for individual use.
`
`http://web.b.ebscohost.com .i.ezproxy.nypl.org/ehost/delivery?sid= b61b26a8-f346—4edc-b07a—e0e00a1c9950%405essionm gr1&vid=1&ReturnUrl=http%Ba%2f%. ..
`
`2/2
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`Cult ”f Mac (/)
`
`
`
`News (https://www.cultofmac.com/category/news/)
`
`Reviews
`(https://www.cultofmac.com/category/reviews/)
`
`How-To (https://www.cultofmac.com/category/how-to/)
`
`App Business
`(https://www.cultofmac.com/category/app-business/)
`
`Deals (//deals.cultofmac.com/)
`
`Buyback (//buyback.cultofmac.com/sell-now)
`
`Podcast (//www.cultofmac.com/cultcast/)
`
`Magazine (https://itunes.apple.com/us/app/cult-of-mac-
`magazine/id648622623?mt=8)
`
`Watch Store (//store.cultofmac.com/)
`
`About Us (https://www.cultofmac.com/about/)
`
`Advertising (https://www.cultofmac.com/advertising-with-
`cultofmac-com/)
`
`Privacy (https://www.cultofmac.com/privacy-policy/)
`
`Old Website (/?old_homepage=yes)
`
`
`
`
`
`
`
`
`
`Today in Apple history: (cid:334)Here(cid:335)s to the crazy ones(cid:335) who (cid:334)thin‘ different(cid:335)
`
`BY LUKE DORMEHL (HTTPS://WWW.CULTOFMAC.COM/AUTHOR/LUKE-DORMEHL/) • 2:45 PM, SEPTEMBER 28, 2020
`
`NEWS (HTTPS://WWW.CULTOFMAC.COM/CATEGORY/NEWS/) TOP STORIES (HTTPS://WWW.CULTOFMAC.COM/CATEGORY/TOP-STORIES/)
`
`/
`
`

`

`D” y”u remember whe“ Apple t”ld y”u t” thi“k differe“t?
`Photo: Apple
`
`
`
`Get your
`business online
`with 24/7 support.
`
`Get Going
`
`September 28, 1997: Apple debuts its iconic “Think different” television commercial, aligning the troubled computer company
`with some of history’s most celebrated freethinking rebels.
`
`The most famous tagline in Apple history, “Think different” doesn’t just articulate how Cupertino differs from its competitors. It also
`highlights how Apple, under the leadership of Steve Jobs, will forge a future far different from its floundering, money-losing days of the early
`1990s.
`
`Narrated by actor Richard Dreyfuss (https://www.imdb.com/name/nm0000377/), the TV spot starts out with an instantly memorable salute to
`counterculture ideals. “Here’s to the crazy ones,” Dreyfuss intones. “The misfits, the rebels, the troublemakers — the round pegs in the square
`holes. The ones who see things differently.”
`
`/
`
`

`

`
`
`Get your
`business online
`with 24/7 support.
`
`Get Going
`
`Black-and-white images of more than a dozen 20th-century visionaries, from Albert Einstein and Buckminster Fuller to John Lennon and
`Martin Luther King Jr., flow past as masterful marketing copy praises the power of bold ideas.
`
`
`
`Get your
`business online
`with 24/7 support.
`
`Get Going
`
`The spot ends with the powerful (and grammatically questionable (https://en.wikipedia.org/wiki/Think_different#Grammatical_correctness))
`advertising slogan, “Think different.”
`
`
`
`Apple - Think Different - Full VersionApple - Think Different - Full Version
`
`App’e reunites with TBWA Chiat/Day
`
`/
`
`

`

`
`
`Get your
`business online
`with 24/7 support.
`
`Get Going
`
`The successful ad, and an accompanying set of posters, did more than simply mark the return of Jobs to Apple. It was also the first Apple ad
`produced by TBWA Chiat/Day in more than a decade. (Cupertino ditched the ad agency following its infamous “Lemmings” Apple commercial
`(https://www.youtube.com/watch?v=V-SJQdREDKM) in 1985, the same year Jobs departed the company.)
`
`In the most cynical terms possible, the new marketing blitz served as a stalling tactic for Apple. It was an attempt to convince shareholders
`and customers that things would be different under Jobs.
`
`While most fans viewed Jobs’ return with excitement, it didn’t go unnoticed that the most significant thing he had done so far was to announce
`one of the biggest quarterly losses in Apple history (https://www.cultofmac.com/446681/446681/).
`
`Unlike most things that come out of Cupertino with no forewarning, Apple actually tried out “think different” in advance. Call it a lack of
`confidence. Or a savvy move to make “think different” seem less marketing slogan and more grass-roots spontaneity. Whatever the case, this
`Apple ad campaign was, well, different.
`
`(cid:334) Thin‘ diff erent(cid:335) ad campaign returns App’e to its roots
`
`/
`
`

`

`S”me ”f the ”rigi“al (cid:337)Thi“k differe“t(cid:338) p”sters.
`
`Photo: Apple
`
`As I detailed in a previous “Today in Apple history” installment, Jobs tried out the phrase in front of an audience at the 1997 MacWorld
`Expo. In doing so, he was “planting the seeds for the ad (https://www.cultofmac.com/441206/today-in-apple-history-its-time-to-think-different/)
`so that it would seem more organic when Apple debuted the [finished spots].”
`
`The ad copy itself sprang from copywriters Rob Siltanen and Ken Segall (the latter of whom also named the iMac
`(https://www.cultofmac.com/432483/ex-apple-ad-man-ken-segall-talks-apple-and-sim

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