Apple has lodged an opposition notice against a meal preparation company since they think Prepear’s cartoon fruit logo is too close to Apple’s own trademark logo. The company claims that Prepear ‘s logo would cause the Apple logo to “dilute its distinctive character” and make it difficult for users to distinguish between Prepear’s goods and services and Apple’s. This, Apple says, is a violation of the Lanham Act.
The Lanham Act allows for a national trademark registration program in the U.S. that protects the owner of a federally registered trademark from the use of identical marks if the user is likely to result in customer confusion, or if a famous trademark is likely to be diluted.
The issue began when Super Healthy Children, Prepear’s parent company, filed a trademark for the logo. The Prepear software helps users to store and arrange recipes, and to prepare personalized meals. The logo is a cartoon pear with a leaf to the right, as the name suggests.
Notice on Apple Logo
The notice adds that since the logo of Apple is famous and instantly recognizable, the similarities between the two logos will “shadow any differences” and cause the ordinary consumer to believe that the two are Apple-related, affiliated or endorsed. Prepear’s co-founder Russell Monson has launched a petition ‘Save the Pear from Apple’.
It is ccording to The Verge, which has already obtained 14,000 signatures. Monsoon wrote that their company was a small business with five employees and they couldn’t afford a legal fight with the likes of a major company like Apple and it was ‘terrifying.’
The company’s notice of opposition notes that because they provide similar and closely related products and services. Also provide services related to computer apps, education, fitness, general wellbeing, and social networking. The company’s logical expansion zone for Apple’s Apple Marks will include a meal planning services feature.
Prepear’s Allegations
Consumers will simply look at Prepear ‘s logo and believe the recipe app is an Apple product. Since it is something only Apple will do. The company also has many health- and nutrition-related apps and services. Natalie Monson, Prepear’s co-owner, wrote on Instagram that she doesn’t seek to convince people. It is to stop using Apple products but wants to push back on the company’s stance.
This is not Apple’s first stint with legal action for a similar-logo against another product. The company sent a letter of complaint to the Norway patent office in 2019. It alleges that the Fremskrittspartiet political party had a company’s logo which resembled its own logo. So, the company has also objected to a logo with an apple-like pattern on a bike route in Germany. The company is now trying to have Prepear ‘s demand for registration of trademarks rejected.
