Apple Cinemas Won't Back Down in Trademark Battle with Apple

[MacRumors]

Apple Cinemas, the company that is being sued for alleged trademark infringement by Apple, today said that it is committed to defending its brand.

We are committed to defending our brand, our history, and our continued right to operate as Apple Cinemas--an identity that is and has always been clearly distinct and fully compliant with all applicable trademark laws.

Apple Cinemas is a long-established independent theater chain with no connection to Apple Inc. Our name reflects our geographic roots and has never been intended to suggest, or used to imply, any affiliation with their brand. Furthermore, claims of consumer confusion are unfounded. Apple Cinema's branding is clearly differentiated.

We have responded reasonably and transparently to all legal communications regarding this matter and remain focused on growing our business and brand in good faith, as we have for over a decade.

Apple filed a lawsuit against Apple Cinemas last Friday. Apple's attorneys accused Apple Cinemas of "knowingly and intentionally using the name Apple to sow confusion for its own benefit."

Apple Cinemas has operated since 2013, and the company claims that its name came from its first planned location at Apple Valley Mall in Rhode Island, but a movie theater never opened at that mall. Apple Cinemas operates 14 total locations, according to its website. One of those is in San Francisco, California, while the others are in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and New York.

Apple believes that Apple Cinemas is pursuing a nationwide expansion in the United States, including close to Apple's headquarters and retail stores.

In the lawsuit, Apple said that its "repeated efforts to resolve the matter amicably" were unsuccessful. Apple also cited comments from people who were under the impression that Apple Cinemas is owned by Apple. Apple has produced movies and TV shows distributed through its Apple TV+ service since 2019.

Apple Cinemas tried and failed to trademark both the Apple Cinemas name and the "Apple Cinemas Experience," with the U.S. Patent and Trademark Office denying the marks in 2024 because of potential confusion with Apple's prior trademark rights.

Apple is seeking monetary damages and an injunction to stop Apple Cinemas from using the name.

Article Link: Apple Cinemas Won't Back Down in Trademark Battle with Apple

 

[jz0309]

Well, let the courts decide.
Winner: lawyers first
Popcorn ready

 

[waziazi]

tim apple = evil

 

[Johnny907]

Good. It’s a movie theater, Tim. No one is confused here.

 

[ZipZilla]

Seems heavy-handed. Does anyone really think this "Apple Cinemas" will create brand confusion? Seems like it could have been settled. Give them some money to rebrand

 

[klasma]

I wonder if Samsung and Meta will sue them as well if they show Galaxy Quest.

 

[grammatica]

I hope the judge is YGR from the Epic Games case LMAO.

 

[apparatchik]

So they misspelled their brand on its own response where talking about their branding lol.

I mean, in the East coast perhaps it wouldn’t have captured much attention or confusion but if you open an Apple Cinemas on the Bay Area / Silicon Valley I don’t see how Apple would take that lightly.

Apple has its own film studios, and it’s a film producer nowadays, has it not?

 

[jarman92]

Seems heavy-handed. Does anyone really think this "Apple Cinemas" will create brand confusion? Seems like it could have been settled. Give them some money to rebrand

Yes this will absolutely cause confusion, particularly with Apple's recent push into movies (which is what I imagine prompted this suit). It's the same name and both use an apple logo. Trademark law doesn't care what nerds like us think, it cares what the average consumer thinks. And it's readily apparent that the average consumer would look at the Apple Cinemas logo and think it's associated with Apple (Inc.).

This is a dumb position for them to take and they're absolutely going to lose.

 

[Virinprew]

The logo is different. I think I will be able to differentiate.

 

[It’s always something]

I would be more sympathetic if Apple Cinemas existed before Apple Computers.

 

[psxp]

I would be more sympathetic if Apple Cinemas existed before Apple Computers.

yep... was thinking the same... 2013 is not that long ago really

 

[Rogifan]

Good. I hope they prevail.

 

[Rogifan]

Yes this will absolutely cause confusion, particularly with Apple's recent push into movies (which is what I imagine prompted this suit). It's the same name and both use an apple logo. Trademark law doesn't care what nerds like us think, it cares what the average consumer thinks. And it's readily apparent that the average consumer would look at the Apple Cinemas logo and think it's associated with Apple (Inc.).

This is a dumb position for them to take and they're absolutely going to lose.

Nobody would look at that logo and think it’s the iPhone company. Also, AFAIK movie studios aren’t allowed to own movie theaters so not sure that argument would work for Apple.

 

[ddhhddhh2]

Good thing MacRumors isn’t called AppleRumors.

 

[Serqetry]

Next Apple will sue grocery stores for selling Apples.

 

[rizzo41999]

Apple wanted the name/IP. They probably tried to buy them out for the name but this company said no. Now Apple is trying to get it for free.

 

[junior]

Yes this will absolutely cause confusion, particularly with Apple's recent push into movies (which is what I imagine prompted this suit). It's the same name and both use an apple logo. Trademark law doesn't care what nerds like us think, it cares what the average consumer thinks. And it's readily apparent that the average consumer would look at the Apple Cinemas logo and think it's associated with Apple (Inc.).

This is a dumb position for them to take and they're absolutely going to lose.

But that's the argument that doesn't put Apple Inc in a position of strength. Their push into the movie scene is quite recent. Certainly way after 2013 when Apple Cinemas began.
Remember Apple Inc paid Apple Corp $500m to buy up rights so they could run a music-related business.

 

[segfaultdotorg]

Who said it better?

 

[jarman92]

Nobody would look at that logo and think it’s the iPhone company. Also, AFAIK movie studios aren’t allowed to own movie theaters so not sure that argument would work for Apple.

I mean you’re flatly wrong about the logos, but not everyone will see the logo they’ll just hear or see “Apple Cinemas.” And the consent decrees you’re referring to were terminated in 2020 so studios can now own cinemas (though they probably wouldn’t have applied to Apple anyway and have no bearing on trademark infringement analysis).

 

[Hajj.david]

Guys, by law if you don’t vigorously defend a trademark you lose it. Apple learned their lesson from “App Store” they didn’t protect their trademark and lost it so anyone can call their store ‘App Store’. Hate the law not the lawyers following it.

- Business owner who has had to deal with trademarks and fighting for it before.

 

[Lounge vibes 05]

I would be more sympathetic if Apple Cinemas existed before Apple Computers.

Yep, and “Apple Films” was a branch of The Beatles organization, even before Apple Computer.
No matter what, it’s one of the most generic and easily confused names and i’m not sure how they think they will get away with it, although I’m interested to see how this plays out.
Also, Apple did have a product called the “Apple Cinema Display” that existed for a good decade or so, so either way they are really playing with fire here.

 

[jarman92]

But that's the argument that doesn't put Apple Inc in a position of strength. Their push into the movie scene is quite recent. Certainly way after 2013 when Apple Cinemas began.
Remember Apple Inc paid Apple Corp $500m to buy up rights so they could run a music-related business.

That’s not really how TMs work. The recent push into films was the impetus for the suit but Cinemas was always violating Apple’s TM, it just didn’t care until now. It’s still infringement.

 

[NoCleverSNForMe]

Good. It’s a movie theater, Tim. No one is confused here.

You’re joking, right? A casual average person wouldn’t be confused from watching F1, an Apple Studios film from Apple Inc, at an Apple Cinemas?

Let’s talk to AMC Theatres and have them rebrand to Disney Cinemas. By your logic, no one would be confused by watching a Disney movie at a Disney Cinemas.

 

[falainber]

So they misspelled their brand on its own response where talking about their branding lol.

I mean, in the East coast perhaps it wouldn’t have captured much attention or confusion but if you open an Apple Cinemas on the Bay Area / Silicon Valley I don’t see how Apple would take that lightly.

Apple has its own film studios, and it’s a film producer nowadays, has it not?

And Apple Cinemas should have foreseen this how when they created the company a while back?