Apple Settles Trademark Opposition With PrePear Recipe App After The Latter Makes A Barely Perceptible Change In Logo

from the leaf-them-alone dept

Last summer, we discussed Apple opposing the trademark application for recipe app PrePear. While the tech company and a company that attempts to promote healthy eating aren't competing with one another, Apple argued that PrePear's logo was deceptively similar to its own. Here they are, side by side.

As we pointed out previously, it should be immediately obvious how dumb Apple's claims are. The two logos look nothing alike, have different color schemes and style types, and consist of totally different fruits. That PrePear has a pear in its logo and name only drives the point home further. Despite that, rather than backing down in shame, Apple expanded its attack to Canada, where it also opposed the trademark application there. PrePear had to lay off at least one of its handful of employees as a direct results of the costs associated with the opposition.

Which probably makes it all the more irritating to find that this has all now been settled such that Apple's demands for action are so frustratingly insignificant so as to make everyone wonder what the hell the point of all this was to begin with.

Six months later, the case is now settled, and it seems Apple didn’t actually have a pear-shaped problem after all — because Super Healthy Kids has agreed to change the shape of the leaf atop that pear, and Apple has agreed that’s good enough to let the trademark go forward.

And here is the change that PrePear agreed to.

You really do have to squint at the image to even make out what change was made, didn't you? The change is so minor that its only real use is in calling into question why Apple's lawyers pursued this at all. It's not as though this dispute wasn't painful for the PrePear folks. It was. There was cost, both in terms of money and its ability to retain its employees.

So how insulting must it be for Apple's big ask... to be barely altering the shape of a pear leaf?

Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: apple, pear, trademark
Companies: apple, prepair


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Anonymous Coward, 22 Feb 2021 @ 10:43pm

    Yet more examples of how useless legal certification is

    I know this isn't the point of the article, and there are certainly far more egregious examples than this you could/should pull from, but this is just yet another example of how Bar Associations are pointless. If you were to ask an lawyer why and whether it was ethical to pursue this case I'm sure they'd claim it was an executive decision and honestly a non-lawyer saying this should be looked into should be kicked out as incompetent but not punished for having the thought.

    However the lawyers who actually argued the case should be disbarred for clearly advancing unethical and frivolous claims. I know that isn't how it works, I'm saying that's how it should be and the fact that it takes situations so extreme to get a bar association to actually take action means there is so much room for lawyers to earn crazy amounts of money under the excuse of "someone else wanted it done" which ultimately results in just more legal fees all around and exploiting those unable to pay for a full defense against such claims.

    reply to this | link to this | view in chronology ]

  • icon
    Devonavar (profile), 22 Feb 2021 @ 10:53pm

    PrePear fixed it

    Well, looks like PrePear finally got the message. They could have saved everyone a lot of time and money if they drawn the leaf without rounded corners in the first place.

    reply to this | link to this | view in chronology ]

    • icon
      Stephen T. Stone (profile), 23 Feb 2021 @ 2:33am

      I hope this is sarcasm, because otherwise it sounds a lot like blaming the victim of a shit-ass trademark shakedown for said shakedown.

      reply to this | link to this | view in chronology ]

      • icon
        Devonavar (profile), 23 Feb 2021 @ 8:01am

        Re:

        Your sarcasm detector is working.

        reply to this | link to this | view in chronology ]

        • icon
          Devnonavar (profile), 23 Feb 2021 @ 8:23am

          Re: Re:

          However, to get the most out of my comment, you should download the "Patent Disputes" DLC, yours for just $0.99.

          It's a cheap joke.

          reply to this | link to this | view in chronology ]

        • identicon
          MightyMetricBatman, 23 Feb 2021 @ 1:38pm

          Re: Re:

          Unfortunately, my sarcasm detector was working too well, it exploded. I am holding Devonavar liable for the destruction of my sarcasm detector. I expect a check in my mailbox for the $0 of damages plus triple in punitive damages by next morning.

          reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 23 Feb 2021 @ 10:12am

      Re: PrePear fixed it

      "drawn the leaf without rounded corners"

      Came here for this, was not disappointed.

      reply to this | link to this | view in chronology ]

  • icon
    Federico (profile), 22 Feb 2021 @ 11:15pm

    Fig leaf

    barely altering the shape of a pear leaf

    Someone needed cover.

    reply to this | link to this | view in chronology ]

  • identicon
    David, 23 Feb 2021 @ 2:32am

    That's not it

    So how insulting must it be for Apple's big ask... to be barely altering the shape of a pear leaf?

    Legal departments have performance metrics, too.

    The executive summary of action and result will not include pictures. It might even be just a statistic. Also having enforced a change means that the defendant cannot ask for recovery of legal costs, having agreed that there is a case.

    It's really hard to insult a lawyer. If you really do it convincingly, you'll get sued.

    reply to this | link to this | view in chronology ]

  • icon
    Syed Abbas (profile), 23 Feb 2021 @ 4:01am

    nice blog

    nice blog... please kepp it up..

    reply to this | link to this | view in chronology ]

  • icon
    n00bdragon (profile), 23 Feb 2021 @ 5:33am

    The real insidious part of this is that Apple has now established a precedent that it has a trademark on the shape of a leaf. Not even a particular leaf or a realistic looking leaf, but just any football shape used as a leaf in a logo.

    reply to this | link to this | view in chronology ]

  • identicon
    ARLibertarian, 23 Feb 2021 @ 7:55am

    Apple should be proscuted un RICO

    This is an absolute rip-off.

    Apple has become a criminal organization.

    reply to this | link to this | view in chronology ]

  • identicon
    TheDumberHalf, 23 Feb 2021 @ 12:29pm

    It’s Like Comparing Apples to...

    An unfortunate pear.

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Close

Add A Reply

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.