The leaf is still at 45 degrees, and a pear is still a fruit.. I’d argue it’s still ‘diluting’ Apple’s trademark since Apple owns fruits and 45 degree leafs 😆🤦🏻♂️
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Prepear Changes Pear Logo to Settle Trademark Dispute With Apple
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The leaf is still at 45 degrees, and a pear is still a fruit.. I’d argue it’s still ‘diluting’ Apple’s trademark since Apple owns fruits and 45 degree leafs 😆🤦🏻♂️
What a pathetic world we live in. The law suit shouldn’t happen in the first place. The logos look nothing alike.
glad they cleared this up, I was on the Prepear website trying to buy a new phone because I was mighty confused! yay Apple.
Prepear, a recipe and meal-planning app, has agreed to change its pear logo to settle an ongoing trademark dispute with Apple, Prepear's co-founder today confirmed to iPhone in Canada. Apple in August opposed Prepear's trademark application, claiming that the company's pear-shaped logo was too similar to Apple's own logo.
Image via iPhone in Canada
Though Prepear's logo has a pear shape instead of an Apple shape, Apple seems to have taken offense to the right angle of Prepear's leaf in the original logo. The new logo features a leaf that's angled differently, a small change that Apple apparently feels makes it different enough from the famous Apple logo. Prepear's app icon has also been tweaked.
Following the initial trademark opposition, Super Healthy Kids, Prepear's parent company, launched a petition in an attempt to persuade Apple to drop its opposition targeting a small business that was trying to protect its logo, and that petition gained over 250,000 signatures. Apple was also widely derided by media sites and fans for going after Prepear's logo.
Back in December, filings with the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board requested that the trial proceedings be suspended for 30 days as Prepear and Apple were "actively engaged in negotiations for the settlement" of the matter.
Prepear's CEO says that the trademark issue has now been "amicably resolved" and that Prepear is happy with the outcome.
Article Link: Prepear Changes Pear Logo to Settle Trademark Dispute With Apple
I accidentally ordered a PearPhone and 2 weeks later, am still fighting to get a refund.
I saw the leaf shape and my brain immediately thought, hey that’s Apple.
if you read PearRumors you'd know to hold off on this purchase till next summer.
Geez, I hope you dumped him for his lack of taste. Fanta is garbage! 😄
There was no lawsuit YET.
What do you think would have happened if the company didn't "agree" to change their logo? Would Apple have just walked away and decided they didn't care any more?
Even if Apple isn't announcing it directly, the possibility of being litigated by one of the biggest companies on the planet is a strong "motivator" to come to a settlement & avoid significant legal expense.
You gotta be a dumb 4ss to not being able to differentiate those logos. Screw apple on this one!
Apple was a quite big company with a startup like approach. Nowadays, they become one of those company which are parasite. Taking advantage or more abusing of the system, using mafia-like technics against small companies.
They don't care about laws, have no respect. Paying a fine is just an investment, and this should change. For a small company, breaking some laws would hurt for years. It should be the same for big companies with the same law. 2 millions for a medium company, would translate into 100 billions for Apple. Only fines can teach people and company.
Personally, if I would get a 10cts fine for no paying my parking, then even I might no pay the parking. That's about how painful any fine that Apple can get today is.
They don't care about laws, have no respect. Paying a fine is just an investment, and this should change. For a small company, breaking some laws would hurt for years. It should be the same for big companies with the same law. 2 millions for a medium company, would translate into 100 billions for Apple. Only fines can teach people and company.
Personally, if I would get a 10cts fine for no paying my parking, then even I might no pay the parking. That's about how painful any fine that Apple can get today is.
If this is enough to freak out Apple’s lawyers, imagine what they would have been like when GTA V parodied them with the suggestively placed fruit.
It can be argued that in this case, no, Apple didn't have to sue because the Prepear logo is so obviously distinguishable from Apple's logo.
If this case would have been tried in court, and both sides would have equal muscle, Prepear would probably have won. However, the victory have come at enormous cost after years of super expensive litigation against one of the richest companies in the world. That is to say, Prepear would have run out of money very quickly.
This whole case was nothing more than trolling and extortion by a bunch of lawyers to justify their existence and bill a ton of money. It is despicable. The lawyers and managers who decided to go forward with this case at Apple should be ashamed of themselves. Laws should be modified to make this kind of trolling very expensive for the companies raising such frivolous lawsuits – even if they end up being settled.
Not quite. Don't confuse Apple-bashing with justified criticism. The PrePear logo doesn't look anything at all like the Apple logo. Not even close. So yes, Apple does look like a corporate bully and then some.
Possibly, but it's equally likely PrePear did because even if they won it would likely bankrupt them and be a distraction while they fight it. In fact, I'd bet PrePear caved first.
"All works out in the end"?
So, taking the bash-anything-Apple-side for a sec, you think Prepear's legal fees all worked out in the end? Sure, the CEO is happy with the outcome, but he sure isn't happy with the money they wasted.
Talk about reason.
What I don't get is why they didn't simply make changes at the outset. They know it's going to be costly, and it's not like they have a logo that is already well known and very valuable. My guess is they could have changed it to what they ultimately did and their customers would not notice. I get not wanting to be bullied; but in business you can't let emotion dictate your actions if logic dictates otherwise.
As a side note, I wonder how PrePeared would react to a local company called PrePared with a pear logo? All hugs and kisses? I doubt it.
Exactly, look at Motorola's Flip Phone and Ampex' Videotape. if you use Super Heroes you'll likely face DC and Marvel in the ultimate battle of superheroes.
Not really, if that happened, they defended it; USPTO said it doesn't; they can still object to others.
That's what most people don't get - you can protect your trademark as you must without it being some evil act. The Olymic Committee went after a small local fast food resturant because tehy release a pin using 5 onion rings; in fairness to the Olymopic Commitee the resturant did appear to try to captilize on the olympic rings and the games without licensing the symbols. Colleges in the US have done so, with both sides coming to an agreement which protects both trademark holders; even if the press makes it sound like a battle royal.
Part of the problem is two or more companies can own very similar trademarks but due to the way trademark law works they only have the rights in limited geographic areas. If one company get big and moves into another's area then a trademark dispute may ensue.
Apple Corp went after Apple Computer over the use of Apple and Apple Computer settled, and they and wound up in legal battles several times later as Apple branched out from computers into music related fields.
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I think this is a fair settlement. Apple has made it clear, and public, that they will defend the trademark against future infringement. Thats what they wanted. PrePear, got to keep something that looks close enough to it's original logo that it's not going to confuse their customers with a completely new trademark.
I thought this was one of those spot the difference images for a bit - as it took me a few seconds to even see what was different from the two logos.
Both images still looked like pears to me. The leaf in the first one made me think of nature, not Apple Inc.
Both images still looked like pears to me. The leaf in the first one made me think of nature, not Apple Inc.