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rcmaehl

[Update: Official Opposition Papers added] Whatcha Got There? A Smoothie - Apple legally opposes Meal Prep Companies' Fruit Logo

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Posted · Original PosterOP

Update:
A copy of the official 352 page opposition can be found here: https://www.scribd.com/document/471822364/Apple-s-Notice-of-Opposition-v-Super-Healthy-Kids-Inc

 

Summary:

A food prep and meal planning company Prepear has publicly stated it's woes with Apple attempting to stop it's Pear shaped trademark.

 

Media:

 

Quotes

Quote

Prepear is a meal planner and grocery list app that helps people discover recipes and more. Right now they saying its logo is under legal attack from Apple. Apple “has opposed the trademark application for our small business, Prepear, demanding that we change our obviously pear shaped logo, used to represent our brand in the recipe management and meal planning business.” Prepear goes on to say, “before attacking us, Apple has opposed dozens of other trademark applications filed by small businesses with fruit related logos. Many of those logos were changed or abandoned. Most small businesses cannot afford the tens of thousands of dollars it would cost to fight Apple.” Prepear says they are a small company with only five staff and legal costs have already cost them “many thousands of dollars” plus laying off one team member. “It is a very terrifying experience to be legally attacked by one of the largest companies in the world, even when we have clearly done nothing wrong". Prepear says they “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.

 

My thoughts

Something Something iCarly Pearpods. In all seriousness, when I first read some of these headlines I though it was a tech company Apple was mad about, but no, it's a food company

 

Sources

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Seriously Apple? Do they really think all fruit logos are theirs now?

Like you said, It’s not even a tech company! And they didn’t seem to care when Nickelodeon used pear products for tons of popular shows even though they were obviously mimicking Apple.


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4 minutes ago, rcmaehl said:

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BULL FUCKING SHIT


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"We own fruit now."


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for fuck's sake, apple.

 

  1. The logos don't look similar AT ALL.
  2. They're a small business and Apple is a muti trillion dollar enterprise. I don't think they're going to "harm" you at all. There's people that run out and buy your products every year no matter how good or bad they are.
  3. These two business aren't even in the same industry.

Back off, Apple. You're perfectly safe.


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9 minutes ago, TheTechWizardThatNeedsHelp said:

BULL FUCKING SHIT

It does sound a little farfetched


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God forbid a company has a detached lanceolate leaf in their logo.

 

I hope Apple's lawyers are just bored.


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1 minute ago, KenTees said:

I hope Apple's lawyers are just bored.

I guess they have too much time to fill since the iPhone got delayed.


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9 minutes ago, justpoet said:

This is the kind of stupid that happens when laws force companies to litigate or lose their rights to their own trademark for not protecting it.  Sadly, this isn't on Apple, as funny as that would be, but a glaring reason for how badly patent/trademark/copyright reform needs to happen.

This makes no sense. If it was a logo that was similar to it I could understand but they look nothing alike. You don't lose the rights just because someone has another fruit based logo. That would be ridiculous. 

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44 minutes ago, justpoet said:

This is the kind of stupid that happens when laws force companies to litigate or lose their rights to their own trademark for not protecting it.  Sadly, this isn't on Apple, as funny as that would be, but a glaring reason for how badly patent/trademark/copyright reform needs to happen.

Thats not how it works, at all. Apple own their logos trademark but can lose the rights to it if other people start using it and Apple do nothing to defend against it. That's one thing.

 

This is an entirely different logo altogether, it looks nothing like Apples and nobody would ever get the 2 confused.

 

This is very much on Apple and I hope the judge laughs them out of court then slaps them with a huge fine for being frivolous.


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I'm surprised that they haven't forced Super and fruit markets to stop selling normal Apples. Imagine the Headlines: "Apple puts a stop on actual Apple sales in North America". And instead they'll launch their own Apple Product: Apple 2020 with a lot of Healthy Vitamins and other stuff for just 19.99 USD a fruit. Alongside the perfect gate: Wormgate


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At this point, who doesn't know what Apple's logo looks like. Are they actually that concerned that people will mistake the two, do they think people are absolute morons?

 

This is just pathetic


Judge the product by it's own merits, not by the Company that created it.

 

 

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I'm really glad to see that I'm not the only one who finds this utterly ridiculous and pathetic. I mean, if a company uses an apple that is stylised just like Apples logo, the only difference being the colour or the fact that the apple is bitten off, I'd understand it because they copyrighted their specific logo. But neither are these two companies in the same financial range, nor even remotely in the same industry, nor do their logos look anything alike at all. Apple doesn't own fruits and I'd very much be surprised if they'd get far in front of an actual court that they don't have their own hands in in some way. Any idiot can tell that these logos are nothing alike.

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to add onto this 

 

Quote

"[Apple] has decided to oppose and go after our small business' trademark saying our pear logo is too close to their apple logo and supposedly hurts their brand"

says the $1trillion company to a small start up.

 

 

image.png.1f26ec305a638619abd394424b6f3af3.png

 

there you go, Apple do actually think people are stupid. I don't think there's a soul on earth that would look at PrePear's logo and think "oh, is that Apple's logo? i didn't know they were doing food stuff now"


Judge the product by it's own merits, not by the Company that created it.

 

 

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5 minutes ago, Arika S said:

there you go, Apple do actually think people are stupid.

Apparently they do, but that's nothing really new. Their logo is minimalistic, that's right. The issue is, the pear logo to me seems rather comic to me and not minimalistic. Also, who gives an actual crap about the direction in which the leaf is pointed? I'm very certain that you could either entirely remove the leaf off Apples logo or turn it towards the left and most people wouldn't even really notice unless they are being pointed to it.

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18 minutes ago, Sakkura said:

Apple is also showing the pear logo in black and white, which is deceptive when it's actually green. The color difference makes the two marks much more distinct.

This is what we call the Chewbacca defense.


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This is a classic case of nuisance litigation, even though apple has nothing to gain from it other than the satisfaction of fucking the economy and a couple of hard workers over with another destroyed ailed business, they are still going to be a nuisance.

 

I'm still pissed that the beetles couldn't afford to keep fighting apple over the apple music trademarks debacle.   

 

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53 minutes ago, Sakkura said:

Apple is also showing the pear logo in black and white, which is deceptive when it's actually green. The color difference makes the two marks much more distinct.

Thats possibly just a side affect of the court documents being scanned.


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1 hour ago, Arika S said:

At this point, who doesn't know what Apple's logo looks like. Are they actually that concerned that people will mistake the two, do they think people are absolute morons?

 

This is just pathetic

Apple treating people like morons isn't something unheard of


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2 hours ago, Pascal... said:

19.99 USD a fruit.

Get one for free every month with Apple care plus 


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