The logo is a different form, is hollow, is a different colour, and the leaf is going down not up.
From what I understand, the Prepear trademark application did not specify just green. As to the position of the leaf, yes it's different the way it's shown, but packaging is seen from all sorts of directions so the difference in orientation of the leaf is not really a valid defense against trademark violation. Turn the Prepear logo about a quarter counterclockwise to see what I mean. Furthermore, the negative space inside the Prepear leaf is exactly like the leaf silhouette in the Apple apple. Now imagine the Prepear logo turned thus on a black background. Yes, Apple looks like a bully but the law compels you to defend your trademark or risk losing control over it due to a perceived lack of interest in preventing infringement. They really have no choice, and Prepear is using this whole episode to garner free publicity and the public's sympathy (and hopefully, commercial patronage).
The logo is a different form, is hollow, is a different colour, and the leaf is going down not up.
From what I understand, the Prepear trademark application did not specify just green. As to the position of the leaf, yes it's different the way it's shown, but packaging is seen from all sorts of directions so the difference in orientation of the leaf is not really a valid defense against trademark violation. Turn the Prepear logo about a quarter counterclockwise to see what I mean. Furthermore, the negative space inside the Prepear leaf is exactly like the leaf silhouette in the Apple apple. Now imagine the Prepear logo turned thus on a black background. Yes, Apple looks like a bully but the law compels you to defend your trademark or risk losing control over it due to a perceived lack of interest in preventing infringement. They really have no choice, and Prepear is using this whole episode to garner free publicity and the public's sympathy (and hopefully, commercial patronage).
If it doesn't cover color, it can be styled to look more like the Apple logo. I guess they have to be cautious about it and it's easier to fight it before it's granted than after but it depends on the intention. If this was a Psystar-type company, their intention would be deceptive as it could be on packaging. Prepear is a cooking app and it doesn't look like their intention could ever be to make people mistake their logo for Apple's, they'd have nothing to gain from that.
The leaves are shaped like that because that's the shape of a pear leaf. There's not much flexibility when you are copying natural shapes.
Apple will detail the problem they have with it and maybe it will just need more specifics in the trademark like color and orientation but it's not good when big companies put pressure like this on such small businesses when it seems like they had no intention of misleading people. It's hard enough trying to get a small business off the ground without the most profitable company in the world taking legal action.
I'm siding with Apple on this. The cutout in the pear leaf is almost identical to the leaf in the Apple logo. Perhaps it is this one detail that triggered the lawsuit. Logos are quite specific.
I'll bet that if Prepear negotiated with Apple they could find a way to modify a few elements of their logo that would satisfy both parties. It might not even be an obvious change to most people.
Apple doesn't go after every company that uses fruit in the logo. Look at Apple Vacations. They have "apple" in the name and their logo includes an actual apple.
I'm siding with Apple on this. The cutout in the pear leaf is almost identical to the leaf in the Apple logo. Perhaps it is this one detail that triggered the lawsuit. Logos are quite specific.
I'll bet that if Prepear negotiated with Apple they could find a way to modify a few elements of their logo that would satisfy both parties. It might not even be an obvious change to most people.
Apple doesn't go after every company that uses fruit in the logo. Look at Apple Vacations. They have "apple" in the name and their logo includes an actual apple.
I'm trying to work out if you are being sarcastic, but I think you are being serious?
Ask anyone on the street if these logo's look the same and not a single person will say yes. It would be like a car garage suing another garage because both use a car outline, albeit a different car, in their logo. Or a burger joint moaning that another burger joint uses another burger.
Green vs black, leaf connected vs not connected, shape of an apple vs the shape of a pear, cooking company vs a phone/computer company.
Absolutely moronic decision on Apple's part, they deserve to lose and pay out massive compensation for this.
Comments
https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
I guess they have to be cautious about it and it's easier to fight it before it's granted than after but it depends on the intention. If this was a Psystar-type company, their intention would be deceptive as it could be on packaging. Prepear is a cooking app and it doesn't look like their intention could ever be to make people mistake their logo for Apple's, they'd have nothing to gain from that.
The leaves are shaped like that because that's the shape of a pear leaf. There's not much flexibility when you are copying natural shapes.
Apple will detail the problem they have with it and maybe it will just need more specifics in the trademark like color and orientation but it's not good when big companies put pressure like this on such small businesses when it seems like they had no intention of misleading people. It's hard enough trying to get a small business off the ground without the most profitable company in the world taking legal action.
I'll bet that if Prepear negotiated with Apple they could find a way to modify a few elements of their logo that would satisfy both parties. It might not even be an obvious change to most people.
Apple doesn't go after every company that uses fruit in the logo. Look at Apple Vacations. They have "apple" in the name and their logo includes an actual apple.
https://www.applevacations.com/#!/
Ask anyone on the street if these logo's look the same and not a single person will say yes. It would be like a car garage suing another garage because both use a car outline, albeit a different car, in their logo. Or a burger joint moaning that another burger joint uses another burger.
Green vs black, leaf connected vs not connected, shape of an apple vs the shape of a pear, cooking company vs a phone/computer company.
Absolutely moronic decision on Apple's part, they deserve to lose and pay out massive compensation for this.