Apple Takes Legal Action Against Small Company With Pear Logo

[russell_314]

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.

Let me think about this. Apple’s team of lawyers or Internet experts on forms. Who would I think knows more about the law. Of course people on forms know more than some silly team of lawyers... What was I thinking 🤦‍♂️

You’re right and Apple's wrong. They should never sue anybody for this

 

[russell_314]

Close...law student currently interning with a large IP firm. Is that sufficient to allow me an opinion?

You’re allowed to have an opinion without knowing anything. There’s no qualification on opinions. There’s an old saying about what opinions are like but I can’t remember how it goes.

 

[Martinpa]

at the same time they’re being investigated by multiple states and countries for anticompetitive practices.

How is that of any significance in this case? Just because someone/a company is being investigated/sued, regardless if they are proven guilty or not, doesn’t preclude them from suing others, even more so for completely unrelated issues.

I’m not taking a firm stance in this debate as I don’t have the knowledge, time, or interest to do all the research needed to do so. Just curious how what you said is of any relevance, especially coming from a law student currently interning at an IP firm...

 

[Wando64]

Apple is right.

Yeah! Even when they are wrong.

 

[UKPoliticsGuy]

Ridiculous behaviour from Apple.

Just praying behaviour like this, and their Xbox app, opens up a heck of an antitrust investigation in the EU.

 

[Virinprew]

If I design my logo, I will stay away from all aspects of Apple logo. (And other brands too of course)
1. The leaf
2. The bit-off portion
3. The all-black, all-white or rainbow color
Not because I’m afraid of the legal action. But it’s just tasteless to borrow ideas from others to design your own ‘logo’.

 

[vvs14]

Apple is right.

Nope.

 

[Black Belt]

The defense should be a massive list of fruit emojis. This is ridiculous, Tim should be ashamed. No wonder Phil is gone.
[automerge]1596923657[/automerge]

I disagree. It does look remotely similar.

So does most fruit. This is STUPID

 

[bsolar]

Let me think about this. Apple’s team of lawyers or Internet experts on forms. Who would I think knows more about the law. Of course people on forms know more than some silly team of lawyers... What was I thinking 🤦‍♂️

Well, it's not like Apple's lawyers are infallible: they have been defeated in court in the past and they could very well be defeated over this too.

You’re right and Apple's wrong. They should never sue anybody for this

The main issue is that trademark protection incentivizes companies to sue even if they actually know very well that they don't have much of a case.

 

[td2243]

That’s just D-U-M-M, dumm!

 

[Wildkraut]

Ohhh Apple, as I said already...

Microsoft's xCloud and Xbox Game Pass Not Coming to iOS Due to Apple's Restrictions [Updated]

Every day i read something Apple negative like that in the news. Im getting closer and closer to ditch my Apple stuff, they are seriously $@$*! me off. If US & EU Antitrust don’t get them under control, I’m gone. It’s staring to feel bad, supporting Apple by buying and using their devices.

forums.macrumors.com

...you are $&*#! me off. Not a single day without a negative headline.

Somehow im feeling ashamed for owning and using Apple devices.

 

[justperry]

Hopefully there is some email from Apple to Prepear where Apple says "Sorry guys, we gotta do this. Just send us the bill for your lawyer fees and we'll take care of those for you. Good luck on your app, Apple."

To me it seems the Legal system in the states suck, the defendant should be paid all their expenses if they win, like in most countries in Europe, less frivolous law suits.

 

[4jasontv]

Who is in the right aside, this seems like a dangerous move for Prepear. Let's say the win, either through defending themselves in court or by getting Apple to back off due to PR. Prepear is at the mercy of Apple going forward. Maybe their next update is rejected for obscure reason. Maybe their reviews take longer. Maybe their app is removed from the App Store for violating some terms. Or maybe Apple forces them to list the App as not safe for kids due to their social networking features.

 

[garylapointe]

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.

Apple won't win, but they did their job, so when a pear phone comes out, they've been doing this all along..
They'll probably get in writing that says the company doesn't plan to market computers, phones, etc.

Just like Apple Records (the Beatles label) did decades ago when they rallied against Apple Computer using their name. As part of their agreement, Apple said they wouldn't be getting into the music business in the future...

(Yes, this is not the same name, I understand that, please don't explain the pears are different than Apples).

 

[jarman92]

How is that of any significance in this case? Just because someone/a company is being investigated/sued, regardless if they are proven guilty or not, doesn’t preclude them from suing others, even more so for completely unrelated issues.

I’m not taking a firm stance in this debate as I don’t have the knowledge, time, or interest to do all the research needed to do so. Just curious how what you said is of any relevance, especially coming from a law student currently interning at an IP firm...

Of course it doesn’t preclude them from filing a suit, but the optics are terrible. Filing a facially ridiculous lawsuit to bully a tiny company and probably put them out of business doesn’t exactly get Apple any sympathy.

And the fact that Prepear develops for the App Store actually does put this firmly in the purview of the anti-competition investigations.

 

[hans1972]

Great, if they need to sue even if the logo isn’t close, they could just sue Microsoft or Google instead.

Apple hasn't sued. They have filed a complaint with the patent office.

 

[jarman92]

Let me think about this. Apple’s team of lawyers or Internet experts on forms. Who would I think knows more about the law. Of course people on forms know more than some silly team of lawyers... What was I thinking 🤦‍♂️

You’re right and Apple's wrong. They should never sue anybody for this

So your argument is as follows: “Apple has good lawyers, so every single lawsuit they file must be justified and defensible.” Bravo! Maybe Apple should be paying you to just walk into the courtroom, lay this devastating argument on the judge, and just walk out the door.

 

[hans1972]

Anyway, Apple isn’t in danger of losing legal ownership their trademarked logo. And they didn’t need to sue this small company, or this tiny coffee shop to keep it.

They have not sued. They have filed a complaint with the patent office!

 

[Appleman3546]

Small business or not, the two logos are not similar ... but since most cases settle, Apple could propose alternative designs for the small business

 

[hans1972]

Search minimalist fruit logo and you'll see hundreds of minimalist fruit illustrations with angled leafs 🤦🏻‍♂️

View attachment 942109

Have these applied for a US trademark for these logos?
You can get away with much more if you don't.

 

[predation]

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.

McDowell’s would be solid.
:insertEddieMurphy:

 

[hans1972]

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.

Apple is not suing in a court. They are filing a complaint with the patent office.

 

[macsplusmacs]

If they taught even basic trademark law in high school, half these folks would have removed their posts by now.

 

[cmaier]

If they taught even basic trademark law in high school, half these folks would have removed their posts by now.

As someone who actually knows trademark law, I am opposed to teaching trademark law in high school

 

[MRrainer]

They knew exactly what the did when the chose that fruity logo.

It's a publicity stunt.