Apple, Prepear enter settlement negotiations over fruit logo trademark

Apple and Prepear recently entered settlement talks over the meal planning app's disputed pear-shaped logo, a design which the tech giant maintains is too similar to its own iconic apple mark.

The iPhone maker raised eyebrows in August when it formally objected to a trademark application from meal planning firm Super Healthy Kids, which filed for a minimalist pear illustration to go along with its app Prepear. According to Apple, the pear logo bears too close a resemblance to its "famous Apple Logo" and "creates a similar commercial impression."

A similar grievance was lodged in Canada weeks later.

Prepear accused Apple of engaging in "bullying" tactics that cost the company "many thousands of dollars" and resulted in the layoff of at least one employee. In response, Prepear co-founder and COO Russell Monson launched a petition to "save the pear" and "end Apple's aggressive opposition of businesses with fruit logos."

"Apple has been opposing small businesses with fruit-related logos by starting expensive legal action even when those logos don't look anything like Apple's logo, or aren't in the same line of business as Apple at all," the petition reads.

So far, the appeal has garnered nearly 270,000 signatures.

The saga might soon come to a close, however, as the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board last week announced Apple and Prepear have entered talks to settle the matter. As reported by MacRumors, the body suspended trial proceedings as the two parties discuss a detente.

If a settlement is not reached, Apple's action will recommence on Jan. 23.

36 Comments

anantksundaram 20390 comments · 18 Years

About 3 years ago

This is overkill, Apple.

agilealtitude 165 comments · 6 Years

Really disappointed in Apple over this. Ridiculous.

MicDorsey 100 comments · 8 Years

As a longtime graphic designer, I am keenly aware of issues related to company branding. Logo creation is an expensive and time-consuming undertaking. When a company's brand becomes associated with attributes such as success, quality goods and services, and strong reputation, defending that branding becomes critical both commercially and legally.

Just as important, a fledgling company must create a brand that distinguishes it from others, regardless of how similar or dissimilar the companies may be. In its endeavor to stand apart, the nascent company must be free to adopt a compelling design while taking great care not to create confusion in the marketplace.

In this case, I would say Apple is being heavy handed and not at all reasonable. Apple's case has nothing to do with the likelihood of product confusion or diminution of company value. It simply comes down to getting pissy simply because another company has dared to represent itself with a minimalist piece of fruit.

I would love to see this dispute go to trial, with Apple being liable for Prepear's total accumulated legal expenses, plus some punitive damages.

gregoriusm 517 comments · 17 Years

Agreed. Apple is in the wrong in this matter.

bulk001 788 comments · 16 Years

Cook was probably so preoccupied with this logo issue and the 20 macs that went to SK instead of Japan that he probably decided to skip the meeting with Elon Musk that could have gotten Tesla for Apple! He is so focused on the irrelevant these days that he missed the chance to make revolutionary changes. As a shareholder I love Cook. As an Apple fan he is a major disappointment. Iterative update after iterative update ... ORCL, IBM, XOM, MSFT, APPL ... except for the laughably overpriced new headphone. Do they really think that anyone but the dumbest fanboys or people with too much money are going to buy those?