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Apple Takes Legal Action Against Small Company With Pear Logo
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I love people who get upset and say silly things like they're not going to buy from ____ store ever again. I worked at a store and would see those I'll never be back people the next day. I would just smile and keep walking. I'm not saying people don't make choices as to where to buy based on something they believe but most people who feel the need to announce their departure aren't actually leaving..
So I see that some of you are defending Apple by presenting the technical and legal details of exactly what's going on with the dispute. That's fine but consider this: The media likes to spin their stories. And the majory who's aware of this stroy believes that Apple is the bad guy here.
If you're a true defender of Apple then you should care about Apple's public image. If I cared about Apple I would encourage them to either drop this or publicly defend their actions in a convincing way.
On the other hand Apple may think. "I know what I'm doing is technically right and I don't give a flying eff what others think." Ok. That's also fine. Maybe this will blow over in a couple of weeks.
If you're a true defender of Apple then you should care about Apple's public image. If I cared about Apple I would encourage them to either drop this or publicly defend their actions in a convincing way.
On the other hand Apple may think. "I know what I'm doing is technically right and I don't give a flying eff what others think." Ok. That's also fine. Maybe this will blow over in a couple of weeks.
Why would I care about Apple's image (Basically what other people think of them). I buy the products they make because I like the products and services not their corporate image. As to what others think I don't give a flying fan what people think about the phone or computer I use. If they pay for it then they can have a say but if not no IDC.
Even if I cared why should I "encourage them to either drop this or publicly defend their actions". So I should pretend I know more about law than some lawyer that's probably making more in an hour than I make all year?
We aren’t defending apple. We are correcting false statements. Why would we be “true defenders” of apple? They don’t pay me.
Why exactly are you here then? To nitpick on the technical accuracy of other users comments?
I'm here because I don't want to see people potentially losing their jobs because Apple (rightly or wrongly) wants to be a bully.
And every once in a blue moon Apple will release a good product that I might actualy get. BS like this (again rightly or wrongly) makes me think twice.
The fact that you think it’s “nitpicking” is exactly why I’m making these corrections. There is a substantial difference between “suing” someone and filing an objection to a trademark application. There is a substantial difference between the right to use something as a logo and the right to exclude *others* from using a logo.
And you are not the person who decides whether I’m allowed to post here. I’ve been here a long time, and judging by my reaction score, people seem to appreciate my posts.
Hey you can post whatever you want. Just like I can. No objections here.
We're just on different wavelenths in this topic.
You care about the technicalities.
I care about what I believe is the bigger picture and more the point of this thread:
'Apple being a bully and may cause financial difficulties for small company.'
Seems you don't agree or care about this.
Fine.
No, I don’t agree that apple is being a bully.
And to the extent that lack of education on the “technicalities” means people *think* apple is being a bully, the solution is for me and everyone else who actually understands the “technicalities” to repeatedly and consistently explain them.
Which brings me back to an earlier point I made.
The media and tens of thousands of people *think* that Apple is being a bully.
No way a small group of people like you are going to convince everyone.
Which is why I suggested that if Apple believes what they're doing is right then they should release a public statement explaining this.
With an attitude like that, you’ll never make a dent in the universe, as Steve Jobs liked to say.
If I educate three people, and each of them educates three people, and so on, and so on, the world will be a better place.
Actually, outside MR and a couple of other places, no one's said a bloody thing about this.
The reality is, most folk really don't give a crap about this.
Sure the petitions got thousands of folk to sign - means nothing though.
Sadly this is what big companies do and although it seems ridiculous in this case as the logos don’t look remotely alike, it’s a process they follow. It’s the same with patent challenges. You have companies cripple other companies with action that costs millions even if they haven’t infringed on your patent. It’s just a tactic to stifle the competition and hit them financially. Apple simply want to damage Prepear financially because they can.
I think that is extremely unlikely. Why would they do that? To get bad PR on purpose?
The green of the logo reminds me more of the Android logo. The only part in these two logos that is even remotely similar is the leaf. Maybe based on that they have a claim. In any case, anyone who would get confused by this logo probably isn’t in the market for a cell phone or computer.
Apple is taking legal action against the developers of the app "Prepear" due to its logo, according to iPhone in Canada.
Prepear is an app that helps users discover recipes, plan meals, make lists, and arrange grocery deliveries. The app is a spinoff of "Super Healthy Kids," and the founders claim that they are facing litigation from Apple. Apple reportedly takes issue with Prepear's logo, arguing that its attributes are too similar to its own logo.
The company said via a post on Instagram that Apple "has decided to oppose and go after our small business' trademark saying our pear logo is too close to their apple logo and supposedly hurts their brand". The post goes on to describe the action as "a big blow to us at Prepear," and sets out the intention to retain the original logo and "send a message to big tech companies that bullying small businesses has consequences."
The company has launched a Change.org petition in an attempt to persuade Apple to "drop its opposition of the Prepear Logo, and help stop big tech companies from abusing their position of power by going after small businesses like ours who are already struggling due to the affects of Covid-19."
Prepear says that it is a "very small business" with only five team members, and explains that legal costs from the dispute have already cost thousands of dollars and the layoff of a team member.
The petition has currently reached almost 9,000 signatures, and the founders hope it will reach 10,000.
Prepear says that Apple "has opposed dozens of other trademark applications filed by small businesses with fruit related logos," even in cases where the logo or industry is dissimilar to Apple's. Logos have been the source of legal action by Apple in the past, such as the case against a Norwegian political party and a German cycling path.
Update: Image from the trademark opposition paperwork filed by Apple:
Article Link: Apple Takes Legal Action Against Small Company With Pear Logo
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Shhhhhhhhhhhhhhhhh!!!!
It doesn’t affect them though in the grand scheme of things. It’s soon forgotten about like every other legal dispute.
I doubt they would seeing as this website helps promote their product, much like they wouldn’t sue iJustine and her brand.
That they can't federally register a trademark for (because that's the issue)?
It would depend on the circumstances. But in many circumstances, yes. If you have a mark you like and feel has some intrinsic (or built up) value, then sure... it may well make sense to keep using it even if you couldn't federally register a trademark for it.
I suspect the vast majority of marks which are used by businesses in this country are not federally registered.
Has MacRumors tried to federally register a trademark based on that logo? I searched using MacRumors and didn't find anything.
That said, the logo MacRumors uses is stylistically quite different from what Apple uses and what Prepear uses. I'd say that the famous Apple mark and the Prepear mark are closer in apperance than the MacRumors logo and the Apple mark.
Apple computer vs Apple music shows otherwise. Let's face it the way trademark law is enforced is must be written by chimp on an LSD overdose as that is only way (other then the juries in these cases being total idiots) that some of the rulings I have read about could have occurred.