Logo lawsuit between Apple and Prepear could soon be resolved

midian182

Posts: 6,912   +62
Staff member
In a nutshell: The logo dispute between Apple and meal-planning app Prepear could soon come to an end after a 30-day pause in court proceedings was requested so the companies can reach a settlement.

In August, Apple, a company with a market cap of $2.27 trillion, launched a trademark lawsuit against tiny app developer and fitness startup Super Healthy Kids over claims the logo used in its Perpear recipe app is based on Apple's.

Resemblance between the two logos are tenuous at best, other than they're both pieces of (different) fruit. Apple claims that Prepear's icon "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 latter point being pretty arguable; it would take longer to point out the differences than the similarities between the two images.

Super Healthy Kids launched a petition to convince Apple to drop the case. "We are a very small business with only 5 team members, and legal costs from our fight for the right of all small business owners to be able to develop their own logo without fear of frivolous litigation has already cost us many thousands of dollars and the very saddening layoff of one of our team members," writes app co-founder Russell Monson.

At the time of writing, almost 270,000 people have signed the petition, putting it within spitting distance of the 300,000 target.

As reported by MacRumors, the petition might not be necessary. Documents were filed with the US Patent and Trademark Office's Trademark Trial and Appeal Board requesting trial proceedings be suspended for 30 days as the "parties are actively engaged in negotiations for the settlement of this matter. "

There's no guarantee an amicable settlement will be reached during the pause. Either side can resume proceedings at any time, and if no progress is made, proceedings will resume automatically on January 23—though the main trial briefs don't begin until October.

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Endymio

Posts: 1,334   +1,216
In August, Apple, a company with a market cap of $2.27 trillion, launched a trademark lawsuit against tiny app developer and fitness startup Super Healthy Kids
Points for the first person to name the logical fallacy in this excerpt from the article.
 

Endymio

Posts: 1,334   +1,216
Resemblance between the two logos are tenuous at best, other than they're both pieces of (different) fruit.
This statement is a bit dicey also. Flash-display the Prepair logo to 1,000 people and ask them to name what logo it most resembles, and far more than half would name Apple.

For the record, and before the anti-Applers begin slinging their rocks and arrows, I will say that I believe Apple should lose the suit. But it's irrefutably a borderline case, and attempts to portray it as utterly frivolous are improper. And in any case, the issue now appears moot. Prepair will likely make a tiny modification to their logo, and Apple will have taken action to police its mark -- which most people fail to realize is a requirement under trademark law.
 

Thretosix

Posts: 97   +106
Reasons like this is why I'll never buy an Apple product. Apple thinks they own everything just because they are a successful company. They tried blocking anyone else from making a smartphone but them by claiming the rectangle shape for phones is theirs as well. They aren't even original. The HP ipaq existed long before the iPhone.
 

Endymio

Posts: 1,334   +1,216
Apple ...tried blocking anyone else from making a smartphone but them by claiming the rectangle shape for phones is theirs as well.
Despite what you may have read from some gaslighting media commentators, Apple didn't patent the rectangle. A company must effectively try very hard to copy the cosmetic appearance of a product to infringe upon a design patent. On their original Galaxy Tab, Samsung did just that: copying not just the rectangle shape and rounded corners, but colors, proportions, button placement, screen margins, etc, etc. The judge in the case noted that it would take a pair of sharp eyes to tell the two products apart, if one hid the Samsung logo.

Design patents don't offer the same protection as a utility patent, and are commonplace -- LucasFilms even patented the design of Yoda.

They aren't even original. The HP ipaq existed long before the iPhone.
The original iPaq wasn't a phone. HP eventually added phone capabilities, but by then the iPhone was out, and the HP models didn't resemble them anyway, having discrete keypads.
 

Uncle Al

Posts: 8,044   +6,810
Seems like it would be easier for Apple to change their logo ...... if you look at it closely it sort of resembles a closed toilet seat ....... hmmmmmmmmmmmm .....
 

Zinixo

Posts: 36   +26
Apple a can take a long hard suck on my !@#$. I used to say that you couldn't give me an apple product but my boss proved me wrong, he however has given up trying to communicate with me on the apple as I refuse to use it most of the time because it sucks. I honestly do not understand peoples fascination with apple products.
 

nodfor

Posts: 65   +96
Where is the resemblance? The left logo makes me think of a farmer's market, not about tech or apple's products. The pear doesn't even have a bite out
 

bandit8623

Posts: 297   +163
This statement is a bit dicey also. Flash-display the Prepair logo to 1,000 people and ask them to name what logo it most resembles, and far more than half would name Apple.

For the record, and before the anti-Applers begin slinging their rocks and arrows, I will say that I believe Apple should lose the suit. But it's irrefutably a borderline case, and attempts to portray it as utterly frivolous are improper. And in any case, the issue now appears moot. Prepair will likely make a tiny modification to their logo, and Apple will have taken action to police its mark -- which most people fail to realize is a requirement under trademark law.
The only reason maybe 25% would say Apple is because what other oversized companies have fruit for a logo? Absolutely ridiculous.

Even people that own apple product put on cases and don't see the logo anyway. This is a case of companies getting too big.. It not even an apple for goodness sake.

Next we will have Google suing all other companies because anything could be an oogly googly
 

ypsylon

Posts: 366   +286
No I wouldn't confuse pear with apple, but we talking Apple here. Cult obsession and paranoia is part of company philosophy. They confuse realities since Microsoft bailed them out and somehow still cannot understand that World is not Apple walled garden.

I wonder what would happen at Apple if like 50000 companies decided to change logo to a fruit x y z simply to piss them off. Apple would implode with apoplectic lawsuit rage. Perhaps it's not that bad idea :wink:wink:
 

Endymio

Posts: 1,334   +1,216
The only reason maybe 25% would say Apple is because what other oversized companies have fruit for a logo? Absolutely ridiculous.
And what company do you believe the other 75% would pick? No-- the actual figure is certainly much higher.

And without knowing it, you've identified the legal principle that justifies Apple's suit. Apple is, as you say, oversized. Their marks are legally classified as "famous", and, under trademark law, receive additional protection. The mark owner, however, is also required to undertake additional action to police the mark. If Apple ignores these borderline cases, they will eventually lose their trademark. You would be astonished to learn how often this happens.

Finally, I note that, were the roles reversed, and this tiny company was suing Apple for infringing upon it's minimalistic pear, I don't doubt that you would be cheering on their action as entirely justified.
 

wiak

Posts: 67   +15
This is why patents and copyright are stupid, the logos dont even look the same at all, also isn't pear, apple and all other fruits fair use and prior art? its basically been in nature for many thousands ands of years
 

Mr Majestyk

Posts: 766   +650
The real farce with this bogus claim from crApple is that the Judge didn't just tell them to eff off and fine them for wasting their time. This claim is as insane as Chump's election lawsuits.

What a reprehensible POS this company has become.
 

Shadowboxer

Posts: 1,535   +1,116
This sort of thing happens everywhere all the time. I wonder why this particular suit has the press attention?

My guess is because one is a massive super rich American corporation and the other is a tiny upstart promoting health for children. The journalists can turn a bit of boring litigation into “Apple the evil massive corpo is bearing down on an innocent family esque business”.

Move along guys, nothing out of the ordinary here the journalists are just trying to rev up the low IQ Apple haters. And judging from the comments it seems to have worked a bit.

P.S. I heard that at Apple board meetings they stab babies for fun whilst making homeless people dance for their entertainment #evil.