Apple is 'bullying' small developer Prepear for using a pear in its logo

Cal Jeffrey

Posts: 2,525   +575
Staff member
WTF?! It must be a slow day in Apple's legal department. The tech giant has filed a trademark lawsuit against a tiny app maker over the use of a pear in its logo. Yes, not an apple, a pear.

Apple filed a notice of opposition against app developer and fitness startup Super Healthy Kids over the logo the company uses for its Prepear recipe app. The company tried to register a trademark on its logo, but Cupertino said it too closely resembles Apple's branding and could create confusion that the companies' products are related.

Oddly, Prepear's logo looks nothing like the tech giant's iconic solid apple with the bite taken out of it. It's a green outlined pear shape with a stem and leaf. According to the filing, it is the leaf that seems to be Apple's primary point of contention.

"Applicant's Mark 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. The Apple Marks are so famous and instantly recognizable that the similarities in Applicant's Mark will overshadow any differences and cause the ordinary consumer to believe the Applicant is related to, affiliated with or endorsed by Apple."

It seems a stretch if you compare the logos side-by-side (masthead). The color scheme and shape are entirely different. Even the "right-angled leaf" is angled downward on the pear as opposed to Apple's upward-angled leaf. Apple claims that since it offers "identical" or "highly related goods and service" as Prepear, consumers could confuse the various "health care, nutrition, general wellness, and social networking" products Apple sells.

Apple's Notice of Oppos... by MacRumors on Scribd

The startup's co-founder Russell Monson feels this is a case of big tech bullying small companies that struggle to get off the ground and can't afford the legal costs to defend themselves.

"We are a very small business with only [five] team members," wrote Monson in a petition to rally support against Apple's move. "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."

Monson says that the legal battle has resulted in the company having to layoff one of its five employees. Monson's wife and co-owner of the company took to Instagram to raise awareness to the cause.

"While the rest of the world is going out of their way to help small businesses during this pandemic, Apple has chosen to go after our small business," she said. "I feel a moral obligation to take a stand against Apple's aggressive legal action against small businesses and fight for the right to keep our logo."

As of this writing, their petition has gathered almost 29,000 signatures.

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OneSpeed

Posts: 406   +199
If this bothers them why doesn't Raspberry Pi's logo bother them?
Apple is saying their clients will be confused by a pear, which isn't far off for a majority of Apple users. They're looking at going back in time and going after those Apricot and Blackberry users as well because Apple users were confused back then.
 
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Damocles

Posts: 36   +32
Apple is saying their clients will be confused by a pear, which isn't far off for a majority of Apple users. They're looking at going back in time and going after those Apricot and Blackberry users as well because Apple users were confused back then.
I was going to mention Apricot back in the day - after all, it's fruit as well, isn't it? This is crackers. Logos are nothing like each other. Confusion? Utter cattle excrement! They might just as well sue tinned fruit companies for having a picture of the contents on the can or go after drinks companies that use apples in production. Nothing short of bullying. Just one more reason to loath Apple and their over-priced glitter.
 

lipe123

Posts: 926   +490
Just when I think I can't possibly loathe Apple more...

The worst is lots of family members have iphones and they just don't realize or bother. Blissfully ignorant.
I guess this is how it is with almost all Apple supporters
 

Lew Zealand

Posts: 1,561   +1,560
TechSpot Elite
Well I think he is saying that people who buy Apple products aren't very smart and no offence I agree
There's a difference between being smart and being tech savvy. Apple has figured out how to sell tech to non-tech savvy people and market it as an expensive appliance and the smaller stuff as fashion accessories. They've been doing the same for over 35 years now but only really got the hang of it in the last ~20 years.

Other companies should be so lucky (or skilled).
 

Adi6293

Posts: 567   +667
There's a difference between being smart and being tech savvy. Apple has figured out how to sell tech to non-tech savvy people and market it as an expensive appliance and the smaller stuff as fashion accessories. They've been doing the same for over 35 years now but only really got the hang of it in the last ~20 years.

Other companies should be so lucky (or skilled).
Well it's not just about being tech savy, Apple is actively giving their customers less for more each time and people still defend it. They took jack port away but give you an adapter with iPhone X, next year you no longer got the adapter, now you getting no charger or headphones because Apple wants you to buy the ever more expensive phone but now also accessories for that phone that should be in the box, I am actually amazed with how well trained their customers are, don't ask questions just buy buy buy