Apple takes Prepear logo trademark fight to Canada
Apple is continuing its efforts to force meal planner app Prepear to change its logo by expanding the fight beyond the United States, with the iPhone maker now going after the company's trademark filing in Canada.
In early August, Prepear became the subject of ire for Apple's legal team, with the iPhone maker objecting to a trademark application for a fruit-based logo, one of a pear that it considered was too close to Apple's own. In an update over the logo threat, Prepear revealed Apple wasn't just going after the trademark application in the United States, but was going to do the same thing in a second country.
According to Prepear, iPhone in Canada reports, the app's attorneys told the company "not only would Apple be continuing their opposition to our logo" but that it had also "taken additional steps in preventing our logo from being registered as a trademark by filing an additional opposition against our trademark in Canada."
Prepear insists "this will increase the cost of the defense of our logo, and is a clear sign that Apple is doubling down on their fight against all fruit." Company founders also attempted to contact Apple's PR team about the "bullying behavior," but received no response.
"This is not just Apple's lawyers being lawyers, it appears that the organization at Apple stands behind its lawyers," a blog post from the company reads. "As is the case in all bullying, silence about the behavior of the bully is the same thing as support."
The small five-person Prepear team has already had to deal with "many thousands of dollars" in costs, which forced the layoff of one employee from its roster.
Shortly after the initial story was reported, a petition demanding Apple drops the lawsuit quickly gained over 9.000 supporters. Two weeks later, the same petition has swelled to approximately 220,000 signatories.
In early August, Prepear became the subject of ire for Apple's legal team, with the iPhone maker objecting to a trademark application for a fruit-based logo, one of a pear that it considered was too close to Apple's own. In an update over the logo threat, Prepear revealed Apple wasn't just going after the trademark application in the United States, but was going to do the same thing in a second country.
According to Prepear, iPhone in Canada reports, the app's attorneys told the company "not only would Apple be continuing their opposition to our logo" but that it had also "taken additional steps in preventing our logo from being registered as a trademark by filing an additional opposition against our trademark in Canada."
Prepear insists "this will increase the cost of the defense of our logo, and is a clear sign that Apple is doubling down on their fight against all fruit." Company founders also attempted to contact Apple's PR team about the "bullying behavior," but received no response.
"This is not just Apple's lawyers being lawyers, it appears that the organization at Apple stands behind its lawyers," a blog post from the company reads. "As is the case in all bullying, silence about the behavior of the bully is the same thing as support."
The small five-person Prepear team has already had to deal with "many thousands of dollars" in costs, which forced the layoff of one employee from its roster.
Shortly after the initial story was reported, a petition demanding Apple drops the lawsuit quickly gained over 9.000 supporters. Two weeks later, the same petition has swelled to approximately 220,000 signatories.
Comments
But looking at them side by side … I can see what the fuss is about. Most odd.
One is an apple, one is a pear
One has a stalk, one doesn't,
One has a bite out of it, the other doesn't
One has a leaf above it, the other has a leaf beside it
We have a saying in the UK that you can't compare apples and pears (or indeed oranges)...
https://www.forbes.com/sites/oliverherzfeld/2013/02/28/failure-to-enforce-trademarks-if-you-snooze-do-you-lose/#1d06de5d6c22
The company is not in competition with Apple at all. Their markets don't overlap in any way.
I don't see Apple winning this one.
I DO however see PrePrear being driven out of business trying to defend itself. Seriously Apple, even if you need to defend your trademark, there has got to be a better way than this. This case will be an exhibit when Congress starts discussing Big Tech abusive behaviour.
No reason to give them ammunition.
https://www.smh.com.au/business/apple-bites-over-woolworths-logo-20091005-ghzr.html
Then, our World would have been without Sin.
Now to overcome his historical late appearance, Tim will sue everything around that bears the faintest resemblance with fruit
https://youtu.be/djI_ret3S9g
https://en.wikipedia.org/wiki/Microsoft_v._MikeRoweSoft
Microsoft got reamed for their heavy handed tactics. In the end they bought the domain for an xBox and "other compensation".
Apple likely could have approached the company and bought their logo. Heck a bit of cash and let the Apple design department make them a new one. Likely it would have cost far less than the legal department will spend on going to court. Plus Apple would not look like another Big Tech Bully.
Some big companies have lost their trademarks due to what may have seemed silly things, especially in Europe. I’m sure Apple’s lawyers told them, to be safe, the company should take all available action.
And a couple of artist friends (one does comic books, the other does graphic design) reckon its a blatant copy!
¯\_(ツ)_/¯