Apple has filed a notice of opposition against a meal prep company because it claims the cartoon fruit logo in the Prepear app – in this case, a pear – is too close to the Apple brand logo , which is, of course, an apple (via MacRumeurs and iPhone in Canada). The company claims the pear logo would ‘dilute the distinctiveness’ of the Apple logo and make it difficult for consumers to distinguish between Prepear and Apple products and services, which it claims is a violation of Lanham Law .
The dust started when parent company Super Healthy Kids filed for trademark registration for the Prepear logo. The Prepear app allows users to store and organize recipes and create personalized meal plans. The logo is shaped like a pear, with a leaf at the top right. Apple’s Notice of Objection describes it as follows:
“The applicant’s mark consists of a minimalist fruit design with a right angle leaf, which easily recalls Apple’s famous Apple logo and creates a similar business impression. The court record continues: “The Apple brands are so famous and instantly recognizable that the similarities of the plaintiff’s brand will overshadow any differences and make the ordinary consumer believe that the plaintiff is related to, affiliated with or endorsed by Apple.”
Prepear co-founder Russell Monson started a petition (“Save the Apple Pear!”) That has had more than 14,000 signatures to date. He writes that the company is a small company with five employees that cannot afford a long legal battle with a company the size of Apple, and that it has been a “terrifying” experience.
Apple’s court record indicates that, since it offers “identical and / or closely related goods and services” and has “services related to computer software, as well as healthcare, nutrition, to general welfare and social networks, “a meal planning services application to be” in Apple’s natural area of expansion for Apple’s Apple brands. ” In other words, customers can look at the Prepear logo and assume that the recipe app is an Apple product, because that’s something Apple could do. And, Apple points out, it already has several apps and services related to health and nutrition.
Prepear co-owner Natalie Monson said on Instagram that she isn’t trying to get people to stop using Apple products, but that she wants to push back the company’s position. “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 retain our logo,” she wrote. “We are defending ourselves against Apple not only to keep our logo, but also to send a message to big tech companies that bullying small businesses has consequences.”
This isn’t the first time Apple has taken legal action against another company over a similar logo. In 2019, he sent a letter of opposition to the Norwegian patent office, arguing that the Fremskrittspartiet political party had an Apple logo that closely resembled his. He also objected to the logo of a cycle path in Germany which had a design vaguely similar to an apple.
Apple is seeking to have the Prepear trademark application denied.
Apple did not immediately respond to a request for comment on Sunday. Natalie Monson did not immediately respond to an email requesting more information.