Software giant, Apple, has filed a notice of opposition against meal app, Prepear, for using a logo in the shape of a pear with a leaf on its upper right. Apple believes that Prepear’s logo is too close to their own trademark that it would be difficult for consumers to distinguish the two brands. Prepear app is founded by Super Healthy Kids that helps people plan meals, organize recipes and grocery lists. At the moment, Apple is requesting that Prepear’s trademark registration application be denied.
ht TECH: Apple wants a recipe app to stop using a pear in its logo because it will confuse people
According to ht Tech, Apple has filed a notice of opposition against a meal prep company because they think Prepear’s cartoon fruit logo is too similar to Apple’s own trademarked logo. The company claims that Prepear’s logo would cause a “dilution of the distinctiveness” of the Apple’s logo and make it difficult for users to distinguish between Prepear and Apple’s goods and services. This, Apple, argues is a violation of the Lanham Act.
The Lanham Act provides for a national system of trademark registration in the US that protects the owner of a federally registered mark against the use of similar marks if the use is “likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur”.
The problem started when Prepear’s parent company Super Healthy Kids filed to register a trademark for the logo. The Prepear app lets users store and organize recipes and make custom meal plans. As the name suggests, the logo is a cartoon pear with a leaf on the right side.
The notice adds that since Apple’s logo is famous and is instantly recognizable so the similarities between the two logos will “overshadow any differences” and cause the ordinary consumer to believe that the two are related to, affiliated with or endorsed by Apple.
SLASH GEAR: Apple files legal opposition to a meal app’s pear logo
Based on previous instances, Apple is known to attack any company that uses any fruit logo. Apparently, this is what Apple has silently been doing to big and especially small businesses with fruity trademarks until Prepear app decided they won’t take things sitting down, as reported by www.slashgear.com.
Prepear app also uses the outline of a pear for its logo, hence the name, sometimes in black but also in green. Although the shapes are completely different and the purposes are worlds apart, Apple seems to think that consumers will be confused and associate Prepear with Apple.
At least that’s what Apple claims in its opposition to Prepear’s trademark filing, which was submitted on the very last day allowed to oppose the trademark that was filed way back in 2017. Since then, Apple has been filing for extensions, allegedly as a strategy to either tire out Prepear or run its finances dry from legal fees, Slash Gear adds.
Slash Gear also mentioned that Prepear is prepared to take up the cause for small companies to send Apple a message. At this point, however, all it has is a Change.org and the power of the media, but the small company admits it won’t be able to hold out for long.