Apple filed a lawsuit against prepear, a recipe company, claiming that its app’s cartoon pear logo was too similar to its own Apple logo.
Apple claims that the pear logo may “weaken the uniqueness of Apple’s logo” and make it difficult for consumers to distinguish between prepear and Apple’s goods and services, in violation of the Lanham act.
the prepear app allows users to store and combine recipes and create their own meal plans. Its logo is a pear shape with a leaf on the top right. Apple described it in the document as:
“the trademark of the applicant is composed of simple fruit design with right angle leaves, which is easy to associate with Apple’s famous apple logo and produce a similar commercial impression. The apple trademark is so well-known that it can be identified immediately that the similarity of the applicant’s trademark will mask all differences and make ordinary consumers think that the applicant is related to apple. ”
in response, Russell Monson, co-founder of prepear, launched a petition to “save pears from Apple!”. ‘it’s a terrible experience that the company is a small business with only five employees and can’t afford litigation for a company the size of apple,’ he wrote. At present, the petition has collected more than 14000 signatures.
Apple’s court documents pointed out that since prepear and apple have adopted “the same and / or highly similar products and services” and have “computer software, including medical and health, nutrition, general health care and social network related services”, a meal planning service app may be “within the natural extension of the scope of use of apple and Apple’s trademark” That is to say, consumers may see the prepear logo and assume that the recipe app is an apple product, because it’s like something Apple will make. Apple also pointed out that apple already has some apps and services related to health and nutrition.
Natalie Monson, CO owner of prepear, posted on instagram that she didn’t want people to boycott apple, but wanted to stick to the company’s position. “I have a moral obligation to stand up against Apple’s further legal action against small businesses and to fight for the right to retain our logo,” she wrote. “We defend ourselves in front of apple, not only to keep our logo, but also to let big technology companies know that bullying small businesses has consequences.”
this is not the first time Apple has taken legal action against a company with a similar logo. In 2019, apple sent an objection to the Norwegian patent office, arguing that the apple logo of the political party fremskritspartiet is very similar to its own. In the same year, Apple also objected to the logo of German bicycle lanes, saying that the design was similar to apple.