Apple's at it again: Things go pear-shaped for meal planner app after iGiant opposes logo
- Reference: 1597057966
- News link: https://www.theregister.co.uk/2020/08/10/apple_prepear_trademark_dispute/
- Source link:
The founders of meal planner and grocery list app Prepear have revealed that their logo is under fire from the world's most valuable publicly traded company. Parent company Superhealthykids [1]posted a plea for help on Instagram over the weekend, along with a side-by-side comparison of the branding.
[2]
Apples and pears, right? Not according to Apple, which "has decided to oppose and go after our small business' trademark saying our pear logo is too close to their apple logo and supposedly hurts their brand," the company lamented.
iPhone lawyers literally compare Apples with Pears in trademark war [3]READ MORE
In fear of court cases running into "tens of thousands of dollars" against tech's most cash-rich megacorp, Prepear has [4]started a petition calling for an end to "Apple's aggressive opposition of businesses with fruit logos".
While we suspect this will achieve next to nothing against an immovable force such as Apple, it's right in saying that Cupertino has form for stomping small firms that dare to go with a fruit-based logo, like Pear Technologies, [5]as we reported in 2017 .
And it's not just pears. Apple will literally compare apples with oranges too, as Prepear COO Russ Monson [6]told the iPhone in Canada site , sharing a litany of fruitily logo'd outfits covering a variety of industries that had been pursued by the iGiant.
Monson also claimed that after getting the go-ahead from the US Patent and Trademark Office, which was happy "that it was not in conflict with any other registered trademarks", Apple then used the last possible day of opposition to file multiple extensions, leaving the "trademark in legal limbo for an extended period of time".
The actual opposition, Monson said, was filed on the last day it was legally allowed, which he believes was a tactic to make the process "as long, difficult, and expensive as possible for us".
The process is now in the discovery phase – "the most expensive part of this case for us," said Monson – which is what moved Prepear to launch the petition.
The notice of opposition can be viewed [7]here , uploaded by Apple watcher [8]MacRumours .
As for Apple's take on the matter, it says in the document: "Consumers encountering Applicant's Mark are likely to associate the mark with Apple. Applicant's Mark consists of a minimalistic fruit design with a right-angled leaf, which readily calls to mind Apple's famous Apple Logo and creates a similar commercial impression."
The petition has almost 25,000 signatures at the time of writing.
The Register asked Apple why it is going after a small company focused on children's health and good eating habits over a logo that looks nothing like its own. We'll update the piece if we hear back. ®
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[1] https://www.instagram.com/p/CDmcFEInZK7/
[2] https://www.instagram.com/p/CDmcFEInZK7/
[3] https://www.theregister.com/2017/04/27/apple_lawyers/
[4] https://www.change.org/p/apple-save-the-pear-from-apple-end-apple-s-aggressive-opposition-of-small-businesses-with-fruit-logos?recruiter=1137882952&recruited_by_id=ebcd47e0-d5d9-11ea-95f3-73a235808f2d&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard
[5] https://www.theregister.com/2017/04/27/apple_lawyers/
[6] https://www.iphoneincanada.ca/news/apple-legal-action-pear-logo/
[7] https://www.scribd.com/document/471822364/Apple-s-Notice-of-Opposition-v-Super-Healthy-Kids-Inc#from_embed
[8] https://www.macrumors.com/2020/08/08/legal-action-against-company-with-pear-logo/
[9] https://whitepapers.theregister.com/
In an alternate reality somewhere
Apple couldn't market its way out of a paper bag so their overpriced black and white computers with only 128K of memory didn't sell, Commodore could actually market their computers and also had management that wasn't suicidal, and the world would be a better place.
Apple at odds with reality
"Applicant's Mark consists of a minimalistic fruit design with a right-angled leaf"
That's what a pear leaf looks like!
"Applicant's Mark consists of a minimalistic fruit design with a right-angled leaf"
IMO If they tried to redesign their logo without the leaf it could very easily start to look a bit phallic. I suppose, unless it then became a chopped up pear (ouch!)
How on earth do they think this is a threat? Absolute bullies with nothing better to do
They don't think it's a threat. However, a trademark must be actively protected, or else it's lost forever. Since Apple is hugely dependent on its picture branding, they have no choice but to prosecute.
I don't think they even care if ultimately a judge decides that they're in the wrong here, as long as they show their willingness to protect it.
People who don't like that should push credible trademark reforms to their elected representative, instead of the pointless "signing" of online petitions.
"They don't think it's a threat. However, a trademark must be actively protected, or else it's lost forever. Since Apple is hugely dependent on its picture branding, they have no choice but to prosecute."
Nonsense. You only have to defend a trademark against things that actually have potential to infringe it. Not only does this logo clearly look nothing whatsoever like Apple's, but they're not using it to compete with anything Apple does. They have all the choice in the world to avoid frivolous legal action like this. The only place their choice appears to be lacking is in whether to act as complete dicks.
Assholes...
That is all.