Apple just filed a notice of opposition against Prepear, a meal prep company that uses a cartoon fruit logo (it’s a pear). Apple argues that Prepear’s logo is too close to the trademarked Apple logo (an apple). The iPhone maker claims that the pear logo will dilute the distinctiveness of the famous Apple logo.
They say that it will be hard for consumers to distinguish between Prepear and Apple logos. The argument is that this goes against the Lanham Act.
The dispute started when Prepear’s parent company, Super Healthy Kids, filed to register the Prepear logo. The app allows users to store and organize recipes and create custom meals. The logo is the shape of a pear with a leaf in the upper right.
Nitpicking
In the notice of opposition by Apple, they describe it as ‘a minimalistic fruit design with a right-angled lead, which readily calls to mind Apple’s famous Apple logo.’ The argument is that it creates a similar impression.
The court filing continues to say that Apple marks are so famous and instantly recognizable. The similarities in Prepear’s logo will overshadow the difference and cause them to believe that the app is related or endorsed by Apple.
The bully and the bullied
Prepear’s founder, Russell Monson, started a petition named ‘Save the Pear from Apple’ and collected thousands of signatures. He says that the company is a small business with five employees who cannot afford to get into a legal battle with a trillion-dollar behemoth.
Prepear’s co-owner, Natalie Monson, says that she is not trying to get people to stop using Apple products but to push back at a company that is bullying them. The legal action is not only aggressive but also unwarranted.
Apple wants Prepear’s trademark registration application to be turned down.
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