Apple has appealed against a meal prep company for claiming that the Prepear app’s cartoon fruit logo – a pear in this case – resembles Apple’s own trademark, which is, of course, an apple (via MacRumors and iPhone in Canada). The company claims that the pear logo “would dilute the distinctiveness of the Apple logo” and make it difficult for consumers to distinguish between Prepare yourself and Apple’s goods and services, which it believes violate the Lanham Act.
The metabolism started when parent company Super Healthy Kids applied to register a trademark for the Prepear logo. The Prepear app allows users to store and organize recipes and create custom meal plans. The logo has the shape of a pear with a leaf at the top right. Apple’s appeal describes it as follows:
“Applicant’s Mark consists of a minimalist fruit design with a rectangular top, which is immediately reminiscent of Apple’s famous Apple logo and gives a similar commercial impression.” The court continued, “The Apple brands are so famous and instantly recognizable that the similarities in the applicant’s mark will overshadow any differences and cause the common consumer to believe the applicant is related, affiliated with, or endorsed by Apple. “
Prepear co-founder Russell Monson started a petition (“Save the Pear from Apple!”) That had more than 14,000 signatures at the time of writing. He writes that the company is a small company with five employees that cannot afford a lengthy legal battle with a company the size of Apple and that it has been a “terrifying” experience.
Apple’s lawsuit states that since it offers “identical and / or closely related goods and services,” and has “services related to computer software, health care, nutrition, general welfare, and social networking,” “within Apple’s natural expansion zone for Apple’s Apple Marks. ” In other words, customers can look at Prepear’s logo and assume that the recipe app is an Apple product because Apple might be doing it. And, says Apple, it already has several health and nutrition-related apps and services.
Prepare co-owner Natalie Monson posted on Instagram that she is not trying to get people to stop using Apple products, but wants to push back the company’s stance. “I feel a moral obligation to take a stand against Apple’s aggressive legal action against small businesses and to fight for the right to keep our logo,” she wrote. “We defend ourselves against Apple, not only to keep our logo, but also to send a message to big tech companies that the bullying of small businesses is having an impact.”
It’s not the first time Apple has taken legal action against another company for a similar logo. In 2019, it sent a letter of objection to the patent office in Norway, arguing that the political party Fremskrittspartiet had an apple logo which was very similar to his. It also objected to the logo of a cycle path in Germany with a faintly apple-like design.
Apple wants Prepear’s trademark registration application to be denied.
Apple did not immediately respond to a request for comment on Sunday. Natalie Monson did not immediately respond to an email asking for more information.