Apple takes legal action against Prepear, a small food app with a pear logo, because its logo, a green pear, supposedly looks like an apple.
If you thought you had seen everything, wait to read the following, because Apple has sued a small Canadian company called Prepear for allegedly violating the Lanham Law, this because Prepear uses a green pear as a logo, however, the only thing they have in common it is that they are two fruits that fall from a tree because they are not even dedicated to the same thing.
Prepear, owned by Super Healthy Kids, is an app available on App Store and Google Play Store that allows users to prepare meals, save food recipes and make the grocery list, but as mentioned by Rusell Monson, co-founder of Prepear, Apple says its logo could cause confusion among consumers to distinguish between Prepear and Apple products and services. They argue that they do have a relationship by engaging in services related to computer software, as well as medical care, nutrition, general well-being, and social networks.
Apple mentioned the following statement in its indictment:
‘The applicant’s trademark consists of a minimalist fruit design with a right-angled blade, which easily calls to mind the famous Apple logo and creates a similar commercial impression. The Apple Marks are so famous and instantly recognizable that the similarities in the Applicant’s Mark will overshadow any differences and lead the ordinary consumer to believe that the Applicant is related to, affiliated with, or endorsed by Apple.
Faced with this situation, Rusell Monson has created a petition on Change.org for people to support Prepear and make Apple change their mind, as he affirms that before the Cupertino company attacked them, they had already sent this type of requests to other small businesses with logos related to a fruit that Apple believed could confuse consumers, and because many companies like theirs cannot pay a legal battle against the Cupertino giant, they choose to change their logo.
Prepear currently has only 5 employees, Natalie Monson, co-owner of Prepear, has posted her position on Instagram, mentioning 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?”
“I’m not trying to get anyone to stop using or buying Apple products. I feel a moral obligation to take a stand against Apple’s aggressive legal action against small businesses and fight for the right to keep our logo. We are defending ourselves against Apple not only to keep our logo but to send a message to big tech companies that bullying small businesses has consequences”.
What do users say?
The petition on Change.org has more than 15,000 signatures and has comments such as:
“Apple, you don’t have all the fruit logos in the world”
“Apple, don’t be a bully. Everyone knows the Apple logo and it doesn’t look like this pear at all. The look and feel are very different. ”
“I don’t want to support a company that acts like this. Currently, I have an iPhone and I am going to sell it, I will also stop using Apple products if they do not act better ”.
“Big companies should not use their power to intimidate smaller ones. No one will mistake that pear for your logo. I’ve been an avid iPad user, but if this is what they do with the money they make, I’ll have to find a new brand.
“Hello Apple, I am your customer, and no, I am not stupid enough to mistake this logo for yours.
Here is a complete copy of Apple’s 352-page court notice where it tries to accuse Prepear of trademark infringement.