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Back in August, Apple made headlines for its efforts to oppose a trademark application by the creators of the recipe and meal-planning app Prepear, with Apple objecting to the proposed Prepear logo trademark based on claimed similarity to Apple's own logo.

prepear-vs-apple.jpg

Despite the fact that Prepear's logo depicts an outline of a pear, Apple claimed in its filing that Prepear's logo "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."

Super Healthy Kids, the company behind Prepear, launched a petition in an attempt to persuade Apple to drop its opposition targeting a small business trying to protect a logo that appears quite dissimilar to Apple's logo, and the petition has garnered over 250,000 signatures so far.

While Apple has not dropped its opposition, it appears a resolution to the dispute may be coming fairly soon, as filings with the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board last week have requested that the trial proceedings be suspended for 30 days as the "parties are actively engaged in negotiations for the settlement of this matter."

Despite the official 30-day pause, either side is free to resume the proceedings at any time and the proceedings will automatically resume on January 23 if there is no further word from the two parties.

Should a settlement not be reached, the dispute appears to be set to drag on for some time, with initial pretrial disclosures set to begin in March, main trial briefs beginning in October, and a potential request for an oral hearing not coming until December 2021.



Article Link: Apple and Prepear Negotiating a Settlement Over Disputed Pear Logo Trademark
 
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ArPe

macrumors 65816
May 31, 2020
1,283
3,306
It’s not about Prepear themselves. It’s a deterrence case to prevent many companies creating fruit logos (with leaf pointing to the right side of course) because eventually logos will appear that look much closer to Apple’s.
 

nwcs

macrumors 68020
Sep 21, 2009
2,292
3,676
Tennessee
Apple has an obligation to defend their trademarks and servicemarks even in questionable cases or risk losing their protections. I don’t think they care if they lose, really, but they certainly need to ensure people are careful with coming close to their marks.
 

Rainshadow

macrumors 6502
Feb 16, 2017
363
829
I wonder... I would think that these lawsuits would have to be more than opinion or subjective consideration. It would make sense only if there was some algorithm or software Apple has that assesses a logo and determines to some degree how similar or dissimilar a logo is to theirs.

It would lead to some questionable lawsuits like this but would have the stronger effect of being more effective with more similar logos when they have a set level that they always pursue... Say, this one is 25% similar and they fight it. Then the next one is 80% similar. And they can prove they treat all cases the exact same above a certain threshold. I don’t know.

Because, to me, this clearly has no merit otherwise and I can’t see a person looking at this and saying “nope- take them down”.
 

jimbobb24

macrumors 68000
Jun 6, 2005
1,907
2,927
IANAL but doesn't part of this stem from the need to vigorously defend trademarks or they just disappear. On the outside this looks super stupid but it could be the lawyers feel its necessary.
 
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wyarp

macrumors regular
Apr 18, 2011
189
589
Apple has an obligation to defend their trademarks and servicemarks even in questionable cases or risk losing their protections. I don’t think they care if they lose, really, but they certainly need to ensure people are careful with coming close to their marks.

That's not how trademark law works. At all.

They're not even (remotely) in the same field of business for a start.
 
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