"Ask Different" name [duplicate]

Question

Now, this might be one of those semantic details that isn't enforced, but Apple explicitly states in their Copyright and Trademark Guidelines that

8. Slogans and Taglines: You may not use or imitate an Apple slogan or tagline.

They even provide an example:

For example: “Think different.”

It seems to me like "Ask Different" is against these rules. Now, it is very likely Apple won't enforce this, and they most likely don't care, but I just thought it was something notable to bring up.

Also, you can find Apple's Copyright and Trademark Guidelines here.

Answer 1

It seems to me like "Ask Different" is against these rules.

Its not for three reasons:

1. Apple doesn’t hold the trademark on the slogan/phrase “Ask Different.” Their phrase, as you have noted is “Think Different.”

2. Apple only limits the use where disparaging

   Disparaging Manner: You may not use an Apple trademark or any other Apple-owned graphic symbol, logo, or icon in a disparaging manner

3. Fair Use doctrine allows use of trademarked items (regardless of their T&Cs) to criticize, comment, or parody. This site is filled with criticisms and comments about Apple Products.

If you want an excellent example of this, look at the “Hackintosh” community. Per Apple’s own guidelines, you are prevented from using “Variations, takeoffs or abbrieviations of their name, products, slogans, etc”

Variations, Takeoffs or Abbreviations: You may not use an image of a real apple or other variation of the Apple logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Apple trademark for any purpose. For example:

Not acceptable: Appletree Jackintosh Apple Cart iPodMart

If that were truly the case and enforceable, the Hackintosh community would have been gone a long, long, time ago.

Disclaimer: I’m not a lawyer. I don’t play one on TV or any streaming service. Nothing here should be construed as legal advise. It is only my opinion on this matter.

Answer 2

Sometimes questions send you on a trip into the past, this definitively is one of them, so thanks for that. The topic of trademarks has come up when the name was intially choosen, the discussion is reflected in the posts and comments on various metea questions and blog post. Looking through these discussions (and the other names which got proposed) makes for an interesting read.

• Ask Different, really? Surely Ask Apple
• http://meta.apple.stackexchange.com/questions/205/official-site-title
• Why is this site called "ask different"?
• Why is this site's URL not the same as its name?
• http://blog.stackoverflow.com/2010/10/domain-names-the-wrong-question/

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While not directly related to the question, the very first meta post actually was What is the difference between [mac] and [apple]?. We still don't have an apple tag (and don't need one) but as of "right now" mac has been used in 4364 questions, macos (which replaced osx) in 24538.

Answer 3

On a practical manner, our collective lawyers are the SE lawyers. So unless we want to agitate and organize to rename the site in the absence of a legal threat or directive, we all could find a lawyer to advise us.

I don't see any need for that and plan to personally keep on keeping on with what we do best.

• Ask, answer, edit, vote and collaborate.

As long as I feel I am doing more good than harm here, no matter what name is on the banner, I’m happy.

This place is so much more than a URL, some HTML and some code that gets delivered to our devices.