Apple, founded in 1976 by two prominent pioneers -
Over the years, the company has fought aggressively to protect its brand name, understandably so. It has successfully opposed several trademarks containing fruit related logos resulting in alteration of these logos or their complete abandonment.
On
Figure 1.1
Apple's key claims include4:
- Apple's logo has been used continuously and extensively since 1976.
-
Apple owns trademark registrations prior to
January 26, 2017 i.e. prior to date of filing of application for the Prepear logo. - The Prepear'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 services rendered/proposed to be rendered under the Prepear's application such as food and meal planning-related services are within Apple's natural zone of expansion for Apple's Apple Marks.
- There is a likelihood of association and hence a likelihood of confusion.
- Owing to similarity in appearance and commercial impression to the famous/wellknown Apple marks, and keeping in view, the prior, extensive and continuous use, the reputation/goodwill and the inherent distinctiveness of the Apple marks; the adoption of the Prepear logo is likely to cause Dilution by blurring of the famous Apple marks.5
Prepear(ed) to Fight!
Prepear, is a healthy kids meal planning app owned by "
In its attempt to persuade Apple to drop its Opposition against the Prepear logo, Prepear has launched a petition on Change.org sending a really strong message to big tech companies that there would be consequences if they try to bully small businesses. The petition titled - "Save the Pear from Apple! End Apple's Aggressive Opposition of Businesses with Fruit Logos" has already garnered lot of attention with over 220,000 signatures.7
Apple or Pear?
While, there is no iota of doubt that Apple should protect its most valuable brand from infringers however, with the present opposition it seems that Apple has gone way too far. Just because Apple has established a well-known status for its Apple logos, does not give them right to claim monopoly over all fruit-related logos even when the line of operations is evidently different. It would be interesting to see what courts have to say in this matter.
Footnotes
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