Apple takes legal action against ‘Prepear’ company’s pear-shaped logo

A spin off from the founders of Super Healthy Kids, Prepear is a meal planner and grocery list app that helps people discover recipes and more, but its logo is under legal attack from Apple (as the company has done before).

Apple takes legal action against company's pear-shaped logo
Prepear’s pear-shaped logo (left) and Apple logo

Gary Ng for iPhone in Canada:

It’s funny what Instagram accounts you follow as a parent at some point. Yesterday, we noticed Super Healthy Kids sharing a post detailing their new legal woes with Apple.

According to the founders, 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.”

MacDailyNews Take: We can almost hear them inside the Prepear offices now, “It’s all gone pear-shaped!”

But, seriously, the Apple logo is a registered trademark (®). The United States Patent and Trademark Office’s “Protecting Your Trademark” document explicitly states: “Throughout the life of the registration, you must police and enforce your rights” (page 29).

In fact, in 2012, Apple filed to protect by trademark the Apple logo’s leaf – yes, just the leaf. A leaf that predates the Prepear logo’s leaf by decades, but which nonetheless and quite curiously fits exactly into Prepear logo’s leaf:
Prepear and Apple logos' leaf shapes

Via MacRumors, here is an image from the trademark opposition paperwork filed by Apple:

Apple takes legal action against 'Prepear' company's pear-shaped logo
Apple takes legal action against ‘Prepear’ company’s pear-shaped logo

[Thanks to MacDailyNews Readers “Fred Mertz” and “Ladd” for the heads up.]

17 Comments

  1. Is this the same Apple that when told by Steve Jobs favorite band The Beatles not to use that name, but then allowed it as long as they didn’t get into music to dilute the name, but then they did anyway, now wanting to protect their trademark?

  2. Registered trademark law seems byzantine; enforcement seems situational; is structured to favor the wealthier, the latter likely because the law was written by the wealthy for the legislator, and then top administrators are likely corporate, not from the workforce. This disparity in how law is made and from where it originates should change.
    In any case, the degrees in the leaf’s two arcs look like the arcs in Apple’s trademarked leaf, with a thick stroke added, and rotated 90º which should not be unique enough to not violate Apple’s trademarked art.
    But leaves in nature come formed with many petals, not just one. Why Prepear emulated and then defended against Apple’s nearly identical single-leaf design is suspicious.

    1. The pear leaf appears perpendicular to Apple’s leaf, the furthest possible rotational angle. Placing the images side-by-side in b&w also attempts to minimize the difference of the two logos.

      If it were an identical leaf in a different color, or at the same angle I would agree it may be too similar even with the thick border, but there is a color difference, orientation difference and the use of white space to depict the leaf in a thick border.

      If Apple’s argument is protecting the trademark ‘leaf’ as they claim, let them show just the leaf to a jury and see if anyone will think of Apple first.

      1. I too was surprised to read that the leaf itself is registered IP and that Apple is bound to fight for its registration or else lose it. On multiple look, the arcs have different diamaters. If laws were crisp and clean, lawyers would not exist.

        1. I wonder if a jury would 100% correctly identify the Apple logo if shown the identical Apple ‘body’ with each of a single stem, one, or two leaves on the top.

          Since the ‘leaf’ is the registered IP I wonder if it is then legal to use the identical Apple ‘body’ bite and all with just a stem and not be infringing.

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