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I am not going to comment on what the law currently is because I am no expert. But if the current law even remotely backs this ridiculous case by Apple, then it must be changed to make more sense. If not, companies like Apple with a huge cash pile will continue to harass small companies just because they can. As much as I like Apple products, I hope they lose this case.
 
I’m sure any reasonably sensible system will throw this out. I’f it’s really because Apple have to be seen to be doing something to defend their mark then it’s more a sign of a broken system than Apple being a problem. Who know it could longer term work out well for the small business if they get publicity and good will from it. Not that that will be any comfort to the person who lost their job or prevent the inevitable sleepless nights for the others. Of course, if it is just a legal team out of control Apple need to reign that in now.
 
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Stupid how trademarks suits can totally win one a single similarity... “Right angled leaf”... “a fruit”... Or I’ve seen some cases where it was just text above two letters vs text bellow two letters
 
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Simple solution ....

Simple-Solution.jpg
 
Too similar? Are they blind? Might as sue all oval fruit logos with stem so cherry, pear, orange, longan, mandarin, tangerine, raspberry and tons more.
In the design and patent field, concept and impression are valued more than visual similarity. It's about associations and a series of weak links.
 
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That only applies if there's any chance of market confusion.

For example, if I open a burger stand with a single golden arch and call it McDougals, I'm going to get sued rightly into oblivion.

A company using a green outline of a pear for a logo that isn't even remotely similar in design to Apple's very well-recognized logo isn't in any way causing market confusion. This lawsuit is BS, and Apple is completely and utterly in the wrong for doing this.

I hope Apple gets their butt handed to them and that this company counter-sues for damages.

Very well put. I may add that the company they are suing is also in a completely different market: recipes and groceries.

Their logo even has more to do to with their activities than apples have to do with phones and computers.
 
I am by no means an expert in trademark law, though we did cover it in our university course so understand the basics (at least as far as the UK is concerned.)

To be clear, Apple DO NOT need to do this to protect their brand. The name is different, the logo is distinctly different, the purpose of the company is different. This logo and company in NO WAY harms Apple as a business, it is not connected to the same business sector as Apple and DOES NOT confuse customers to thinking there is a connection. It’s a disgrace for then to go after to such a small company on such a tenuous claim.

Apple do not own the rights to all fruit based names nor fruit based logos.

Agreed
Me thinks they (Prepear) could easily win this one, AFAIK the states does not have the legal system like in a few countries in Europe, you sue...you lose...you have to pay the expenses the defender made.
The Logo is different, amongst all the other reason you mention.

I used to be one of Apple's biggest fan more than a decade ago, before the iPhone was released, I still like them, but this is just ridiculous.
 
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That only applies if there's any chance of market confusion.

For example, if I open a burger stand with a single golden arch and call it McDougals, I'm going to get sued rightly into oblivion.

A company using a green outline of a pear for a logo that isn't even remotely similar in design to Apple's very well-recognized logo isn't in any way causing market confusion. This lawsuit is BS, and Apple is completely and utterly in the wrong for doing this.

I hope Apple gets their butt handed to them and that this company counter-sues for damages.
Try McDowells.
What if Macrumors changes logo to golden arches? Has Macrumors already been sued by Apple? The have Mac in the name and a logo with an apple.
 
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Before all the youngsters enter. They need to do this to defend their own logo. Go read law.

Well, if you can't distinguish apples and pears, you shouldn't defend a fruit-inspired company in the first place. And probably give up on your lawyer license as well.

Edit: Not to mention that "Super Healthy Kids" initiative is way more beneficial to the child's health than working 18-hour shifts on the AirPods/Apple TV Assembly Line.
 
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The case had to do with logo (read: product wrapping ) infringement that covered the liver pills.

Like I said earlier, Apple needs to protect its trademark routinely, which it has.

Two companies selling liver pills with similar logos/packaging. Prepear is not selling phones, computers, watches, speakers, or tablets. Actually they aren’t selling anything that Apple sells. Their logo isn’t remotely similar. Their name isn’t remotely similar.

Apple doesn’t need to protect the trademark; they want to. And in this case, they’re just being dicks for no reason at the same time they’re being investigated by multiple states and countries for anticompetitive practices.
 
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I’m guessing you’re a trademark lawyer? Maybe you should call Apple and let them know because I’m sure their team of lawyers doesn’t know what you know. I bet they would be willing to pay you millions of dollars just so they can save this whole lawsuit

Close...law student currently interning with a large IP firm. Is that sufficient to allow me an opinion?
 
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Of course he’s entitled to his opinion. I’m not a trademark lawyer and if I was I wouldn’t be giving free advice on these forms. Apple has a team of lawyers that they spend millions of dollars on to advise them on this. If you think some random on the forms knows more than their whole team of lawyers keep thinking that. I can’t change your mind on that one

Not sure that “Apple’s lawyers say so, and they’re paid a lot, so they must be right” is a particularly good argument. In fact, the entire legal system depends on that not being persuasive.
 
That only applies if there's any chance of market confusion.

For example, if I open a burger stand with a single golden arch and call it McDougals, I'm going to get sued rightly into oblivion.

A company using a green outline of a pear for a logo that isn't even remotely similar in design to Apple's very well-recognized logo isn't in any way causing market confusion. This lawsuit is BS, and Apple is completely and utterly in the wrong for doing this.

Agreed

I hope Apple gets their butt handed to them and that this company counter-sues for damages.

I am from Europe so I don't know a lot about US law, where I am from the defendant gets all their expenses back if they win the case, rightfully so.
 
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