It seems like Apple is keeping its third eye occupied over monitoring newly registered fruit logos in the market. This fact comes to light after Apple alleges that a small company named “Prepear” has a similar ‘pear logo’ and “consists of a minimalistic fruit design with a right-angled leaf, which readily calls to mind Apple’s famous Apple Logo and creates a similar commercial impression“.
Prepear is a recipe plan, grocery list, and meal organizer mobile application on iOS and Android. The app’s maker has shared an Instagram post stating that a “trillion dollar company has alleged that our cartooned pear logo is ‘too close’ to their Apple logo and supposedly harms their Apple brand”. Prepear applied for its pear logo under US Serial No.
87315348 on January 26, 2017.
Apple, in its lengthy filing (see the Notice of Opposition hereinbelow) with the United States Patent and Trademark Office, has alleged a case of brand confusion and dilution caused by “blurring” and has relied upon several of its apple formative logos. Ms. Natalie Monson, the CEO of Prepear, further expressed her concern of being burdened with enormous amount of money in order to fight this suit.
The interesting thing that grips us is that Prepear is one of the many companies that Apple has targeted in its quest to make apple the only fruit logo in the market.
It has come to light that all the other companies that have been targeted by Apple have either lost money over years of fighting a suit or do not have enough resources to fight in the first place and have abandoned their mark. Prepear takes up this battle as a moral obligation. Ms. Monson commented “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”. Prepear has also filed its answer to the Notice of Opposition by Apple on May 4, 2020 and has largely denied Apple’s allegations without making any arguments on merit, as such (see the response hereinbelow).
We question ourselves that does a trillion dollar company feel threatened by a small business? Or is it a quest to monopolize the niche set of fruit logos? Even bigger question is, can Apple even claim a exclusive rights in fruit mark?
View the Notice of Opposition by Apple and Response by Prepear below:
Reported by Kahinee Bhatt, Outreach Head