The might of Apple is now picking on the rest of the fruit bowl: The tech giant is trying to squash the bid of a meal-prep company to use a pear as its logo.
App Prepear used its parent company Super Healthy Kids to ask for the help and signatures of the general public.
Co-founder and mummy blogger Natalie Monson says Prepear has been running for about five years.
The stoush erupted when Prepear went to trademark its logo.
Apple ain’t having a bite of it.
In court documents to block the trademark, Apple says the pear is a threat to the “distinctiveness” of the company’s logo.
Apple takes particular umbrage with the pear’s leaf, which is right-angled.
This “readily calls to mind Apple’s famous apple logo and creates a similar commercial impression”, the documents say.
“The Apple marks are so famous and instantly recognisable 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.”
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Dear Instagram Friends- I NEED YOUR HELP! I know there are a lot of heavy things going on in the world right now, and this is nothing in comparison, but I need your help in a situation that is affecting me, my family, and my coworkers. Please help! Many of you know that I started a business called Prepear almost 5 years ago. It is an app that you can store all your recipes in one place, plan your meals, make grocery lists, and get your groceries delivered all in one place. Recently @apple yes, The trillion dollar 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? This is a big blow to us at Prepear. To fight this it will cost tens of thousands of dollars. The CRAZY thing is that Apple has done this to dozens of other other small business fruit logo companies, and many have chosen to abandon their logo, or close doors. 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. I’m not trying to get anyone to stop using or buying Apple products. 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. 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. HOW YOU CAN HELP: 1 Sign the petition (link in my bio or in my stories) 2 Share that same link on Facebook, Instagram, Twitter, etc. http://chng.it/QPd2mRYW #savethepearfromapple
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Co-owner Russell Monson started a petition on Change.org to “Save the Pear from Apple! End Apple’s Aggressive Opposition of Businesses with Fruit Logos” – at the time of writing, the petition was only a couple of thousand signatures off reaching its 25,000 goal.
“We are a very small business with only (five) 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,” Russell writes.
“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, and we understand why most companies just give in and change their logos.”
Indeed, Apple does have a history of challenging the logos of outfits smaller than itself (which is just about any company) – including a Norwegian political party and a German, apple-themed bike path, both of which used apples in their branding designs.
The core of the argument
As well as the logo’s similarities, Apple says the nature of the app makes it even more of a threat to power of the i-company.
Prepear is a meal-planning app that allows users to collect, store and categorise favourite recipes – you know, to prepare for the food week ahead.
It’s stored under the health section of the App Store.
Apple says it has aligned itself as a health and wellness brand, and Prepear’s logo, combined with the contents of its app, are too similar to what Apple is known for, especially its Health app, which has a nutrition element.