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Apple and Prepear Negotiating a Settlement Over Disputed Pear Logo Trademark

 3 years ago
source link: https://www.macrumors.com/2020/12/30/prepear-apple-settlement/
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Apple and Prepear Negotiating a Settlement Over Disputed Pear Logo Trademark

Wednesday December 30, 2020 10:43 am PST by Eric Slivka

Back in August, Apple made headlines for its efforts to oppose a trademark application by the creators of the recipe and meal-planning app Prepear, with Apple objecting to the proposed Prepear logo trademark based on claimed similarity to Apple's own logo.

prepear vs apple
Despite the fact that Prepear's logo depicts an outline of a pear, Apple claimed in its filing that Prepear's logo "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."

Super Healthy Kids, the company behind Prepear, launched a petition in an attempt to persuade Apple to drop its opposition targeting a small business trying to protect a logo that appears quite dissimilar to Apple's logo, and the petition has garnered over 250,000 signatures so far.

While Apple has not dropped its opposition, it appears a resolution to the dispute may be coming fairly soon, as filings with the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board last week have requested that the trial proceedings be suspended for 30 days as the "parties are actively engaged in negotiations for the settlement of this matter."

Despite the official 30-day pause, either side is free to resume the proceedings at any time and the proceedings will automatically resume on January 23 if there is no further word from the two parties.

Should a settlement not be reached, the dispute appears to be set to drag on for some time, with initial pretrial disclosures set to begin in March, main trial briefs beginning in October, and a potential request for an oral hearing not coming until December 2021.

Top Rated Comments

11 hours ago at 10:45 am
I love Apple... but I can’t back them on this one.

Let the Pear be.
Score: 107 Votes (Like | Disagree)
11 hours ago at 10:46 am
Ok Apple. This seems petty. You guys can make claim to any logo with fruit and a “right angled” leaf? When I see that pear logo, especially since it’s an outline, I don’t think Apple at all.
Score: 57 Votes (Like | Disagree)
10 hours ago at 10:48 am
Re-Di-Cu-Lous.
Score: 30 Votes (Like | Disagree)
10 hours ago at 10:53 am
Just imagine some farmer suing other fruit tree farmers, that the shape of their fruits looks too much like his Apples?

Did Apple go after orange investments? There are others. Do any of the following create a similar commercial impression?
Score: 29 Votes (Like | Disagree)
10 hours ago at 10:50 am
I don't believe ANYONE sees that pear logo and thinks, mmmm iPhone!!!!!
Score: 24 Votes (Like | Disagree)
10 hours ago at 10:53 am

This is probably one of those situations where they have to fight it in order to prevent future issues with logos that push the envelope even further.

This does not "push the envelope"
Score: 16 Votes (Like | Disagree)

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