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Super healthy kids
The Monsons say they feel a ‘moral obligation’ to fight Apple’s trademark claims
When Natalie Monson started her food blog 11 years ago, she did not expect to be embroiled in a battle with the most valuable company in the world.
But the American small business owner is now fighting Apple for the right to use a few in the logo on its recipe app.
In a legal submission, Apple said the image was too similar to its own logo and would damage its brand.
Ms Monson says the tech giant is just “bullying” and she feels a “moral obligation” to fight back.
More than 43,000 people have already signed the petition they and their husband Russ, owners of the Super Healthy Kids website, filed last week to try to pressure the company to return.
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“This is a real world example of a small business being destroyed by a giant monopolist because they have no responsibility,” Mr Monson told the BBC. “That was so frustrating for us that we thought we had to do something. We could not just be the next victim on the list.”
Apple did not respond to a request for comment.
‘Similar commercial impression’
In filing with the U.S. Patent and Trademark Office, the company states that the Monsons pear logo “consists of a minimalist fruit design with a rectangular blade, which easily bears the famous Apple logo and creates a similar commercial impression, as shown in the following page-by-page comparison “.
It asks regulators to reject Monsons’ trademark application, which the pair first filed in 2017 on behalf of their recipe and meal planning app, Prepear.
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Super healthy kids
Apple says the logos are “very similar”, according to its March 2020 submission
Ms Monson said the comparison took her by surprise. The shape of the pair and blade, which she worked on with a designer, was meant to refer to the letter “P” in the app’s name, she said.
“We had no intention or awareness that it would at least copy a logo,” she said. “We thought it was very unique and designed to be that way.”
“At first we were very surprised and then I would say that our second reaction was really scary,” she added. “Like, ‘ok, where are we going from here? What does this mean?'”
‘You’re wondering if this is a joke’
When the Utah-based couple started planning Prepear five years ago, they envisioned the app as a platform where food bloggers could upload recipes, which subscribers could access to plan food and create shopping lists.
They now have about 21,000 active users a month, including 3,000 customers who pay the annual fee of $ 59, according to Mr. Monson, a training accountant. The app, along with the Super Health Kids site, supports five staff, including the couple.
Mr Monson said he initially thought it was a misunderstanding and that both sides could resolve the dispute amicably. The logo has been approved in other countries, including the United Kingdom, without dispute and U.S. officials had found no problem, he noted.
As a final step before issuing approval, the patent office published its application in late 2019 and signed Apple’s objection.
“It just looks so ridiculous on the face,” he said. “You wonder if it’s a joke.”
Last week, when it became clear that it was not, the couple spoke out on social media, drew attention to other instances of Apple’s trademark objections and noted that concerns about legal costs prompted them to release one of their employees.
Their story was picked up by iPhones in Canada and has since spread, drawing fresh attention to debates over whether tech giants are abusing their powers.
“We are honestly overwhelmed by how supportive people have been,” Mr Monson said. “It’s unbelievable to see how many people share the same frustration that made us decide to take this audience.”
Some of the people who reached out to her offered legal and design assistance, so Mr Monson said he had no plans to return to the fight.
“We’ll take it all the way,” he said.
