Chinese lens maker Yongnuo recently teased a new 35mm f/1.8 prime lens in its native market. Details on the specifics of the lens are scarce, but Yongnuo has unveiled the prime’s complete name: YN35mm f/1.8 DA Art. Yes, that’s right, “Art” — a term strongly associated with Sigma’s Art lens series.
As Asobinet reported last week, Yongnuo’s new “Art” lens is designed for APS-C mirrorless cameras, including E, X, and Z-mount models. It may also be available for RF mount, per Asobinet, although it is currently unclear.
Speaking of Yongnuo and the RF mount, the company tried to skirt legalities with 35mm f/2 and 85mm f/1.8 autofocus lenses for Canon mirrorless cameras. The company has famously not licensed its mount for full-frame autofocus lenses, a situation Yongnuo seemed happy to ignore.
Is There Even a Trademark to Violate?
Whether Canon should license its mount for full-frame autofocus lenses aside, the relevant takeaway is that Yongnuo is a company with limited regard for the law. Further, unsurprisingly, the legality of Yongnuo selling an “Art” prime lens has come into question.
Trademark law varies by country, but in the United States, a company can trademark a common word, like art, provided that it meets certain legal thresholds, including that the word (or phrase) has acquired a secondary meaning apart from its original meaning that is strongly associated with the company or its product.
While copyright and patents exist to protect the rights of creators, inventors, and companies, trademark law primarily exists to protect consumers. One of the ways that trademark law seeks to protect consumers is by preventing confusion.
The legal battle over an “Art” lens would be fascinating. Sigma would have a strong case that its longtime and exclusive use of the term “Art” for interchangeable camera lenses has helped it acquire a secondary meaning.
Sigma released its first Art lens, the Sigma 35mm f/1.4 DG HSM Art, in September 2012, more than 12 years ago. Since then, Sigma has released nearly 50 Art lenses, which promise Sigma’s best optical performance for professional photographers and videographers.
As for whether Sigma has actually trademarked “Art,” it does not appear so per extensive searches within J-Plat Pat, the Japanese Platform for Patent Information. While Sigma Corporation has thousands of filings, none are directly related to “Art.” The company, which also registers its trademarks in the United States, has not filed anything concerning “Art” with the United States Patent and Trademark Office, either.
PetaPixel reached out to Sigma for comment on the situation with the Yongnuo Art lens and Sigma Corporation in Japan says it has “No comment at this time.”
Even Without Infringement, There Is a Breeding Ground for Customer Confusion
That said, whether there is any legal avenue for Sigma to take at the moment, it is evident that there could be confusion here between Sigma’s established, illustrious Art series lenses and Yongnuo’s upcoming 35mm f/1.8 Art lens. Although Sigma would need to tackle it through the legal system, not the court of public opinion, the longtime lens maker could have a potential leg to stand on.
However, there is still plenty to say within the latter even if Sigma has opted for silence. Sigma has built a strong reputation for making high-quality lenses, especially within its Art family. The “Art” branding carries weight with photographers.
It is immediately apparent that Yongnuo is trying to capitalize on the goodwill Sigma has built with its dozens of Art lenses over the past 12 years in a way that other companies, like Lomography, haven’t tried to do with its Neptune Convertible Art Lens System. Yongnuo is making a similar-looking lens that serves a similar purpose as Sigma’s Art primes. It targets a nearly identical market using branding associated nearly exclusively with Sigma’s product offerings.
No company in the photo space could reasonably feign ignorance of the Sigma Art lenses. They are popular, established lenses with a sterling reputation. Any company manufacturing lenses for interchangeable lens mirrorless cameras, like Yongnuo, is fully aware of Sigma Art lenses. They must be.
The “Art” moniker is no coincidence. It looks every bit the part of an intentional attempt to ride Sigma’s coattails to success.
There is one additional note to make here, though, and that is that the Yongnuo 35mm f/1.8 DA Art lens is designed for crop-sensor cameras. On the other hand, Sigma does not make Art versions of its DC DN lenses. Sigma has made Art lenses for APS-C DSLRs, like the 30mm f/1.4 DC HSM A but for mirrorless cameras, Art lenses have thus far been exclusively full-frame models. However, as far as preventing confusion goes, that’s thin ice to stand on. The photographic lens space is not clearly separated into full-frame and crop-sensor models. There is a significant overlap between the two in the marketplace.
Yongnuo has demonstrated its ability to produce high-quality lenses at affordable prices, but throwing “Art” into the model name of its upcoming 35mm prime lens leaves a foul taste in the mouth.
Image credits: Header image via Yongnuo.
