Apple has filed a lawsuit against a food company claiming that the Prepear app’s cartoon fruit logo – in this case a pearl – is too close to Apple’s own trademark, which is obviously an apple (via MacRumors en iPhone in Canada). The company claims that the pearl logo will “disappear from the distinction” of the Apple logo, and it makes it difficult for consumers to distinguish between Prepear and Apple’s goods and services, which it claims is a violation of the Lanham Act.
The dustup began when member company Super Healthy Kids filed to register a trademark for the Prepear logo. The Prepear app lets users store and organize recipes, and create custom meal plans. The logo is in the shape of a pair, with a leaf at the top right. Apple’s opposition statement describes it this way:
“Applicant’s brand consists of a minimalist fruit design with a rectangular blade, which easily evokes Apple’s famous Apple logo and creates a similar commercial impression.” The submission of the lawsuit goes on to say, “The Apple brands are so famous and instantly recognizable that the agreements in Applicant’s Mark will transfer all differences and the average consumer will believe that the applicant is related to, affiliated with or supported by Apple. . “
Chairman co-founder Russell Monson launched a petition (“Save the Pear from Apple!”) That had more than 14,000 signatures as of this writing. He writes that the company is a small company with five employees who can not afford a longer legal battle with a company the size of Apple, and that it has been a ‘terrible’ experience.
Apple’s court filing states that because it “provides identical and / or highly related goods and services”, and “has services related to computer software, such as health care, nutrition, general wellness, and social networking”, that would be an app for meal planning services be “within Apple’s natural expansion zone for Apple’s Apple Marks.” In other words, customers may see Prepear’s logo and assume the recipe app is an Apple product, because it’s something Apple can do. And, Apple points out, it already has several health and nutrition-related apps and services.
Prep-with-owner Natalie Monson posted on Instagram that she is not trying to get people to stop using Apple products, but wants to reiterate the attitude of the company. “I feel a moral obligation to stand up to Apple’s aggressive legal action against small businesses and fight for the right to preserve our logo,” she wrote. “We are defending ourselves against Apple not only to keep our logo, but to send a message to big tech companies that mobile companies are having an impact.”
It is not the first time Apple has taken legal action against another company for a similar logo. In 2019, it sent a letter of objection to the patent office in Norway, claiming that the political party Fremskrittspartiet had an appeal logo that closely resembled its own. It also objected to the logo of a cycle path in Germany that had a vague apple-like design.
Apple seeks to deny Prepear’s trade registration application.
Apple did not immediately respond to a request for comment Sunday. Natalie Monson did not immediately respond to a request for comment.
