
Apple takes legal action against small company with pear logo - lapcatsoftware
https://www.iphoneincanada.ca/news/apple-legal-action-pear-logo/
======
breue
I actually had something somewhat similar happen to me, but with Twitter.

[https://breue.com/twitter](https://breue.com/twitter)
[https://breue.com/86851616.pdf](https://breue.com/86851616.pdf)

I was working on a project called Scoper, which let you do video streaming. It
had done fairly well at SXSW, and we had a decent amount of users. Just before
we thought we were gonna be awarded a trademark for the name, we got a not so
friendly letter from Twitter's counsel at Fenwick and West, telling us we were
infringing on their "Periscope" brand, and listing some pretty clear demands.
We never really thought of our app as a competitor to Periscope.

Our lawyer let us know that they had no strong grounds against us, but would
drain us in a legal battle we could never afford. We told Twitter we knew they
had weak grounds and that the case would just drag on, and we would rather
save both sides money, if they would just buy us out.

They gave us a super low amount of money to drop the trademark application,
transfer the domain, all brand related stuff, and remove our app from the App
Store. It was kinda depressing, but it could have been a worse outcome.

To be fair, this wasn't outrageous like this pear logo case, but it was just a
feeling of being bullied and knowing you don't stand a chance.

~~~
JSavageOne
> Our lawyer let us know that they had no strong grounds against us, but would
> drain us in a legal battle we could never afford.

This is a clear failure of our justice system.

~~~
ghastmaster
It is definitely not a perfect system. The problem is society in general
accepts this behavior. It is an absurd claim on its face. They should face
social pressure for this behavior. The only thing that I think could make our
various systems better is to change what we accept; outside of those systems.
The media we are sold and consume should reflect what is important to us. If
cases like this were blasted across the twitter verse and people actually
cared, it would stop once the spending decreases following the exposure. We
are seeing that in other arenas.

I remember reading about a culture in east asia or the pacific where farmers
did not have written contracts and usually had very little problems. Everyone
knew what was expected and fell in line. If a farmer were to break with the
norm, I am sure it would have resulted in them being ostracized.

I hope one day we expect more from each other, and expect more from ourselves.

~~~
kunai
At the core of the problem is that society is not allowed to not accept this
behavior. The systems by which Apple et al abuse their positions to harm small
businesses and "the little" guy are literally enshrined in our legal and
administrative code. Government decisions of the last 30 years, often
regardless of party, have resulted in the single largest consolidation of
corporate power under six umbrellas (Facebook, Apple, Microsoft, Google,
Amazon, Netflix) in Silicon Valley history.

Extraordinarily lax antitrust laws (in both Republican and Democratic
administrations, you'd expect the Dems to be tougher on this but follow the
money trail and it's simple to see why), a general disdain for shareholder
activism, and corporate culture in _all_ of the aforementioned companies
prioritizing the needs of advertisers over the needs of the end user.

> The media we are sold and consume should reflect what is important to us. If
> cases like this were blasted across the twitter verse and people actually
> cared, it would stop

I would have agreed with you fifteen, maybe ten years ago. The point of no
return has been passed. Apple and Amazon alone are worth enough combined for
public opinion to matter nil in terms of their actual business practices. They
could suffer millions of dollars in bad press and shareholders would continue
to invest and consumers would continue to buy product. Look at TSLA as a
fantastic example -- Elon consistently sticks his foot in his mouth and makes
a mockery of himself but TSLA short sellers continue to lose big time.

The only solution at this point in my view is a fundamental overhaul of
antitrust law and safeguards to ensure competition in cutting edge industries,
and collectivization of essentials like public internet and public utilities
so the profit incentive doesn't get in the way of service. We're already
seeing how terrible the outcome is with the Post Office, we don't need any
additional privatization in the world of tech.

~~~
ghastmaster
[http://postalnews.com/blog/2015/05/09/postal-myths-2-the-
usp...](http://postalnews.com/blog/2015/05/09/postal-myths-2-the-usps-is-not-
a-government-agency/)

The postal service is not private in any way shape or form.

~~~
kunai
I am well aware, but the inefficiencies posed by regulatory capture are often
used as an excuse to privatize state property, in this case the USPS and the
situation with the PMG intentionally hobbling it to make that very case.

------
adrianmonk
Not the first time Apple has taken action against a company using a pear!

From
[https://en.wikipedia.org/wiki/Apple_II_series#Clones](https://en.wikipedia.org/wiki/Apple_II_series#Clones)
:

> _Another European Apple II clone was the Pearcom Pear II, which was larger
> as the original as it sported not eight but fourteen expansion slots. It
> also had a numerical keypad. Pearcom initially used a pear shaped rainbow
> logo, but stopped after Apple threatened to take legal action._

Here's one of their ads:

[https://www.apple2history.org/wp-
content/uploads/2020/04/pea...](https://www.apple2history.org/wp-
content/uploads/2020/04/pear2.jpg)

In that case, the situation was much clearer, though. The product was a clone
of an Apple computer, so no question they are in the same market. Also,
Pearcom's pear logo had a rainbow color scheme like the Apple logo did.

~~~
jacquesm
Apricot did quite well.

~~~
willtim
And Acorn (fruit of the oak tree), Tangerine, Blackberry and of course the
Raspberry Pi.

------
CosmicShadow
Bored, overinflated legal team reaching for anything to do to make themselves
feel important. Similar to how UX teams need to redesign everything, including
the logo, every few years, even though everything works perfectly and is easy
to understand. How do I justify my existence and my job?

~~~
bitL
And then we end up with flat design and as it is the smallest amount of work,
it's where the design gets stuck forever.

~~~
nojvek
Flat has some legs based on visual complexity. Our eyes are great are
recognizing shapes. Where things go wrong is everything being flat. I like
material design’s use of shadow to communicate depth.

But I agree, some teams take it too far.

------
schappim
This is wrong.

It is hard to fight a legal case against an opponent with infinite money.

Perhaps courts should impose spending caps similarly to some sports leagues.

~~~
nickff
> It is hard to fight a legal case against an opponent with infinite money.

This also applies to criminal cases filed by government lawyers, who file many
more lawsuits, with far harsher results than Apple. If this lawsuit is
problematic (and I would agree that it is), government prosecutions are much
worse.

~~~
breck
You do have the right to a court appointed attorney for criminal cases,
though, right?

I’m not arguing that that is sufficient at all, I’m just ignorant of the
basics. My understanding is for criminal cases, you can opt for a free public
defender, but not for civil cases. Or am I incorrect?

~~~
nickff
I do not believe that there is a right to a public defender, though they are
often available. There is no corresponding right in civil cases, and the
government files many of those as well.

~~~
freeone3000
Sixth Amendment provides right to counsel for criminal prosecutions. It's the
rare positive right - if you do not have lawyer, or cannot afford one, the
state will provide one. (Generally an overworked, underpaid one...)

~~~
refurb
Random anecdote - I sat as a juror on a felony trial where the defendant was
represented by a public defender. Before it started I pictured a bumbling
public defender with bags under their eyes from lack of sleep.

I was surprised when the public defender ran circles around the prosecutor. It
was actually the prosecutor who I had some sympathy for. She seemed overworked
and unprepared.

Albeit it was a big case for the city, so I assume the public defenders office
decided it was a case worth winning, but damn, that changed my opinion of
public defenders.

~~~
Zhenya
Maybe it was a lawyer doing their required pro bono hours (I think large firms
require X hours of this kind of public work).

~~~
refurb
That does happen, but it wasn't in this case. I looked the defense attorney up
and he had been with the public defenders office for a few years.

Not claiming all public defenders are that good. Just that I was surprised.

------
rvz
Now Apple Inc. is literally com-pear-ing Apples to Pears.

Maybe the offending characteristic of this is the leaf. But really is Apple
Inc. seriously complaining that a Pear is similar to an Apple?

Unfortunately, they will still win this legal fight anyway.

~~~
dvtrn
_Now Apple Inc. is literally com-pear-ing Apples to Pears._

...

Going to need you to get your things and come with me.

But also as another commenter said I think/hope Deadmau5 v Disney comes up in
arguments because I agree: this is seriously petty of Apple’s legal team but
I’d love to read their actual complaint if anyone finds it (personal pet peeve
of mine when outlets report on “someone is taking legal action against someone
else” with nothing but a few quotes and statements from someone party to the
action. Could we at least see the demand letter?)

~~~
jcrawfordor
There is no lawsuit, this is a trademark opposition. It's an administrative
process through USPTO. It works through an administrative court that has some
resemblance to a civil suit but the whole thing has a much more standardized
procedure. Instead of a complaint letter, there is a notice of opposition
that's usually pretty brief.

------
crazygringo
I'm genuinely curious as to _why_ Apple is doing this, from a business
perspective.

I'm well aware that companies need to defend their trademarks legally, or risk
losing them, so in most cases like this the company is just following the law.

But it always relies on a certain level of consumer confusion, e.g. that some
demonstrable percent of consumers see the logo/name and genuinely assume it to
be associated with the opposing company.

But "Pear" has zero confusion with "Apple", and the logo is likewise
completely different.

Companies generally do their best to NOT pay their lawyers to do frivolous
things, because there are more important things to be paying their lawyers to
do, and companies aren't charities.

So since Apple has no legal necessity to go after Pear here in order to
protect their trademark, and they clearly have no business interest in harming
a meal planning app since Apple's not in that business...

...what gives? Why is Apple spending money on this? Apple's a business. What's
the business incentive?

~~~
kxrm
So it is a requirement that when you have a trademark, you must defend that
mark. Oftentimes they contract a law firm specifically to monitor the
trademark. If anything even hints at their mark, they file opposition. Filing
opposition is cheap and easy.

How far they go from there depends on how strong their mark is and how strong
they feel they have a case to successfully oppose you.

It costs very little to initiate an opposition just a little bit of time and
$500. Many trademark filers drop the trademark at this first stage.

~~~
mindfulhack
Surely there are provisions in or affecting such trademark law such that you
cannot overstep bounds of reasonableness, e.g. by going after anything with
the colour red just because yours is also red?

(IANAL)

~~~
leeuw01
T-Mobile is known for sueing companies who have a magenta/pink logo.

[https://www.google.com/url?sa=t&source=web&rct=j&url=https:/...](https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.washingtonpost.com/news/the-
switch/wp/2014/02/10/court-says-t-mobile-owns-the-color-
magenta/%3FoutputType%3Damp&ved=2ahUKEwiP-5Pv5I3rAhWB_KQKHXfsB8QQFjAGegQICRAB&usg=AOvVaw2BCEe66Wdws1Ij45PzXcl2&ampcf=1)

~~~
pbhjpbhj
Colours can be trademarks (at least in Europe).

------
foepys
Apple is experienced in bullying small businesses outside of their industry
[1]. They sued a cafe because of its name "Apfelkind" (apple child) and its
usage of an apple in their logo. Luckily Apple lost that case.

1: [https://dw.com/en/german-café-owner-takes-on-apple-and-
wins/...](https://dw.com/en/german-café-owner-takes-on-apple-and-
wins/a-17138587)

~~~
mindfulhack
Imagine what it must feel like to be Apple legal counsel. Just going around
searching for businesses that have nothing to do with Apple that you can
capitalistically bully out of existence.

It would have to feel like you have no compassion or empathy in your body
whatsoever.

Tim Cook directs these people.

~~~
globular-toast
It probably feels good. They are well paid and have no heart.

------
ErikAugust
For anyone allergic to websites with chum boxes and endless ad tracking
garbage, here is the article without that:
[https://beta.trimread.com/articles/31694](https://beta.trimread.com/articles/31694)

~~~
kristopolous
You should put the URL in the URL structure so it exposes it on the link like
how Apple news and amp does.

Currently it looks like you're stripping that information and replacing it
with an id.

You could even do something that I did about 7 years ago that people hated for
a reason I still do not know and I abandoned, which is if a url is just an id
then you create a stub from the document title and use that in your url
structure instead. Then it communicates the purpose of the content in those
cases as well. Here's the code
[https://github.com/kristopolous/linkgo.es](https://github.com/kristopolous/linkgo.es)

~~~
ErikAugust
I agree - I have more expressive URLs on the roadmap. Thanks for the link.

------
tyingq
Not saying this is what happened, but it occurs to me that just saying this is
happening is a pretty good PR splash.

This came to mind since neither the story or petition has a screenshot of a
threatening email or letter from Apple.

Edit: Appears Apple is opposing it. Found this by trawling around myself:
[https://ttabvue.uspto.gov/ttabvue/v?pno=91254886&pty=OPP](https://ttabvue.uspto.gov/ttabvue/v?pno=91254886&pty=OPP)

You can start there and find links to download the legal letters from Apple.

~~~
gundmc
I don't quite follow. Are you suggesting Apple is not pursuing legal action
against this company?

Or that they are using the fact that they are being sued to raise their own
profile? The second is clear, but it's probably their best play - when life
gives you lemons and all that. I don't see what that has to do with
threatening emails though.

~~~
zepto
Is there actually any evidence that Apple has pursued legal action against
them?

~~~
gundmc
Yes, this is their notice of trademark opposition:
[https://www.scribd.com/document/471822364/Apple-s-Notice-
of-...](https://www.scribd.com/document/471822364/Apple-s-Notice-of-
Opposition-v-Super-Healthy-Kids-Inc)

~~~
kxrm
For more perspective, here is their answer to the opposition suit.
[https://tsdr.uspto.gov/caseviewer/pdf?caseId=87315348&docInd...](https://tsdr.uspto.gov/caseviewer/pdf?caseId=87315348&docIndex=0&searchprefix=sn#docIndex=0)

------
sassypotato
I never understood when Americans threaten people with court expenses in TV
series or real life. I was under the impression that no matter the case, if
you are unable to afford representation, a state lawyer is appointed and does
a barely passing job. Wouldn't a barely passing job be enough for a judge to
throw a case like this away?

I've actually been in court and it has never been an expensive experience.

I suppose from one comment I read that patent law is different, and you have
to actively defend your patent, but I see this theme in many different types
of cases; for instance someone starting directing a documentary about
something someone didn't like attention drawn to. How can this possibly be
expensive to defend.

~~~
megablast
You are kidding right? You are guaranteed representation for a criminal trial.
Not a civil trial. How could that ever work??

~~~
bawolff
I dont see why it couldnt work.

You could say that plaintiff has to pay for a crap lawyer for other side
(there are complicated consequences, makes it harder for the little guy to
access the legal system, etc). Or you could say the state has to provide one
always (if the state pays for my doctor [i am not an american] than its in
theory possible for them to do this.

Whether or not they should is a different question.

------
warpech
Apple once sued a small Polish online grocer "a.pl" [0] They lost.

[0]
[https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_co...](https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_company_sues_online_polish_grocer_over_logo.html)

~~~
cutemonster
Who does "they"refer to?

(Anywhere where I can read about the outcome? The article doesn't seem to
mention)

------
dariosalvi78
In other words, if I sell apples (or pears for what we know), I can't register
my name with the actual product in it (which is a common word and a product of
nature) or a big, fat bully will just destroy my business like an angry child.
What can I say, great company and great system too.

~~~
pbhjpbhj
You can register it, and there's no problem vs Apple Computers trademark. The
issue is that there's insufficient downside for Apple to prevent frivolous
abuses.

Arguably they sue small businesses to create an environment in which you're
afraid to do anything close to Apple's actual IP; small businesses are
probably just collateral to them.

------
squarefoot
For what it's worth, back in the day Acorn Computers had an acorn as logo and
manufactured both computers and their own RiscOS Operating System, and their
name was chosen with the intended purpose of appearing before Apple Computers
in a phonebook. I don't recall of any lawsuits from Apple; probably because
back then that would have been painful for them as well.

It's easy to bully others when one expects no retaliation.

~~~
kens
For some history, Acorn Computers (among other things) designed the Acorn RISC
Machine processor or ARM for use in their personal computers. This is the
forerunner of the ARM processor used in almost every phone today.

------
mortenjorck
Since, unlike copyright law or patent law, trademark law is the one that does
require plaintiffs to actively defend their mark or risk losing protection,
there's always a bit of a gray area where two marks may not look terribly
similar, but one can reasonably justify taking action.

This instance, however, falls far outside that area.

------
jdhn
Who would see those two logos and think that they're from the same company?
The only 2 similarities is that the logos are representations of fruit, and
that they both have a little oval shaped leaf on them.

------
kirillzubovsky
Reminds me of that time when Caterpillar was suing a coffee shop for the word
"cat". (original story: [https://smashnotes.com/p/cat-cloud-podcast/e/being-
sued-by-c...](https://smashnotes.com/p/cat-cloud-podcast/e/being-sued-by-
caterpillar-inc)).

I can understand why big companies do it, they want to protect their brand and
make sure they are the only ones who are associated with any words remotely
close. As a business, it makes sense. But then again, for the rest of us, it's
really weird that one company want to own a fruit, and another a house animal.

Could it be that trademark system, when establish, simply did not see this
coming? What's a good solution, from a legal perspective, something that gives
companies a way to defend their brand, but within "reasonable" powers, where
simply gobbling all words in the space is probably no longer reasonable?

~~~
dariosalvi78
it's not understandable, it' bullying and it's a threat to every business and
it just reinforces the domination of those big brands.

------
michelb
Suppose Apple loses. Will they then start messing with the app approval
process for this company out of spite?

~~~
supergirl
they can outright ban the app without any reason most likely. but will take
another PR hit, not worth it

~~~
fsflover
> but will take another PR hit, not worth it

Was _this_ PR hit worth it?

------
warmcat
This is the definition of bullshit work applied to Apple legal teams. Busywork
to justify their costs and pay.

------
newbie578
Lol, I guess fruits are banned in the tech world until further notice, unless
you are part of a team inside Apple. The U.S. needs to implement the judical
system like in Europe, where the loser pays all the legal fees. In the EU, you
have literally examples of persons who single handedly took their own country
to court all the way to the Strasbourg.

~~~
edko
The loser should pay all legal fees, but they should also be capped to
something reasonable.

------
iJohnDoe
How long until Apple kicks them off the App Store?

Hey Tim, try to remember what you said at the hearing.

Also, there isn’t much leadership when you allow the company lawyers to bully
small developers. Doesn’t really seem like you’re in control of the ship.

------
kazinator
These people are complete fools to waste thousands of dollars and have to lay
someone off.

In the same predicament, I would not spend a penny at all on the harassment. I
would not respond to it at all.

However, I would create a web page divulging every piece of communication I
received, and/or forward everything to any media outlet willing to listen.

It's _very_ difficult to get actual money out of someone who doesn't want to
pay, or get them to change their behavior (like stop using a certain logo).

The lawyers are just hoping people will get scared of a bunch of words in a
threatening letter.

------
Simulacra
Imagine if Apple records had sued Steve and Woz, we wouldn't have Apple
Computers today. This is just wrong on so many levels.

~~~
ummonk
Are you being sarcastic?

~~~
acomjean
Apple computer and Apple records are in two different industries. It wasn’t
till Apple opened a music store online “iTunes” that Apple records sued
(again) and got a settlement.

Apple seems to think people will confuse fruit types and they make some claim
about “apple health”

Because a lot of orchards use logos that look a lot like apples (and you know
an Apple a day...)

------
throw03172019
Lol. These logos look nothing alike. What a waste of legal fees.

~~~
iseanstevens
There is no waste of legal fees if you are a lawyer.

------
SOMA_BOFH
Sad, considering their history with Apple Corps, but not surprising.

[https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer](https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer)

> The suit was settled in 1981 with an undisclosed amount being paid to Apple
> Corps. This amount was later revealed to be $80,000. As a condition of the
> settlement, Apple Computer agreed not to enter the music business

~~~
Andrew_nenakhov
It seems that Apple has breached the agreement not to enter the music
business.

~~~
sjwright
In 1991, the two Apples signed an agreement dividing up use of the trademark.
In short, this 1991 agreement allowed Apple Computer to do pretty much
everything other than sell physical copies of music. While Apple Corps sued in
2003, the Judge ruled solidly in Apple Computer's favour.

[https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer#1...](https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer#1991)

------
jyriand
There should be a"Kickstarter" type of platform where small companies can form
a ring of defense against big bullies. In case of some absurd legal action
everyone can contribute to help with the legal fees etc.

~~~
dennis_jeeves
Now there's a good idea.

~~~
indymike
Its called liability insurance. It is very inexpensive and can be a great
equalizer.

~~~
dennis_jeeves
So, what you are saying that all these little firms did not have liability
insurance?

I'm assuming that the said liability insurance that you are talking about
comes with, not too many fine prints and will cover thing like lost business
revenue etc.?

------
swayson
This is in bad taste from Apple.

~~~
dredds
Rotten. It's going to go pear-shaped clearly.

------
atlgator
All your fruit are belong to Apple.

------
daffy
In what other countries than America would this sort of thing work? (Not a
rhetorical question.)

~~~
Aldipower
Germany and _tam tam tam_ Apfelkind won! [https://www.dw.com/en/german-
caf%C3%A9-owner-takes-on-apple-...](https://www.dw.com/en/german-
caf%C3%A9-owner-takes-on-apple-and-wins/a-17138587)

Ok, you're right, it didn't worked, but Apple tried.

~~~
daffy
Seems that in Germany too Apple was able to make the decision to resist quite
risky. So maybe the question should be: is there any country where the target
would be better protected and wouldn't have to risk so much to resist?

------
Gustomaximus
I wonder if this could be a good business move by PrePear or future companies.

They could turn this into a David/Goliath battle and get some huge social
media awareness for their business and goodwill via doing the 'right thing'
and standing up to the bully with some well prepared posts and updates. That
at least to me attracts my sense of justice and would steer me to giving a
companies services a chance where relevant.

Even if they capitulate after expenses start to grow, it could be a solid
marketing strategy to at least attend the first hearing.

So, maybe doing a fruit logo for your next startup isn't such a bad idea.

------
vezycash
Anti-bullying law is seriously needed. Awarding the bullied who triumphs 10 -
100x their legal fee that attracts interest every day the bully refuses to pay
by going to a higher court.

~~~
riffic
Trademark law, unfortunately, requires vigilance that looks a lot like
bullying.

~~~
scaryclam
Only where it's applicable. A meal planner company that has a logo that looks
little like an apple logo doesn't really fall into this. If it was a phone
shop then sure, but this is well outside of the needs-to-because-law scope and
into the bullying scope.

~~~
pbhjpbhj
Even if it were a phone shop there's zero chance of confusion, this is a
frivolous suit and purposeful waste of court time.

------
ummonk
I doubt they intend to actually succeed but are just making sure to set down
that they’re protecting their trademark So a company doesn’t start with one
fruit branded trademark and then expand into more fruits before expanding into
an Apple trademark to complete the set.

This is a consequence of the “use it or lose it” trademark system.

~~~
bww
Is there really a plausible world in which Apple, the world's most valuable
company and one of it's most recognizable brands, might be determined by a
court to have neglected to affirmatively defend its ubiquitous trademarks
merely by failing to persecute a tiny company with a significantly different
but also fruit-themed brand?

------
jasonjayr
Ha.. fiction becomes real. In the iCarly/Victorious/et al (Dan Schnider)
universes the kids all use PearPads, and all the technology they use is Pear
branded as an obvious Apple reference...

------
moomin
Always pretty rich when Apple goes after a firm for copyright infringement on
a logo having spent 29 years in dispute with Apple Corps over the exact same
matter.

------
unclewalter
Perhaps Apple has hired topologists as their legal counsel?

------
jondubois
If the law keeps harming the majority of people, society will devolve into
anarchy. If the law starts to not make sense, judges will allow themselves
more room for interpretation and this will be the ideal environment for mafias
and factions. This will not be good for corporations - Without rigid laws
backed by sensible moral grounds, corporations will split up and be devoured
from the inside.

------
m463
What's really interesting is how quietly apple tiptoed around the "the pod" by
line 6 - a music device which existed before the ipod.

------
samirillian
Bill Burr has a bit where he talks about Steve Jobs eating "some kind of
pretentious fruit, like a pear." Life imitating art I guess.

------
retpirato
There's a certain OS designed to look like Mac OS, which uses a pear as their
logo. Obviously I'm not going to name them. I don't want to give Apple any
ideas. It seems like any company with a fruit logo is in danger of a lawsuit
anyway. If you give them an inch they'll take a mile.

------
zoomablemind
This reminds me an episode of Arthur cartoon. In it, a laptop sported by one
of characters had a pear logo with obvious connotation.

Another meme from Arthur that comes to mind is a store named "One Percent".

I bet lots of details like this escape the target audience's attention... at
least in this pre-schooler's case.

~~~
ModernMech
Also:
[https://icarly.fandom.com/wiki/Pear_Company](https://icarly.fandom.com/wiki/Pear_Company)

------
Simulacra
Reminds me of Monster Cables going after Monster Miniature Golf; haven't
bought a Monster cable since.

------
dvt
I know it's popular to hate on big tech here on HN, but I'm willing to bet
there's more going on here. There's literally dozens of companies with fruit
logos on the Apple Store: pineapples, bananas, lemons, and many more.

Either this is a PR stunt or there's more at play.

~~~
boudin
Or fruits are just a really common things in the world...

~~~
NextHendrix
The point was that Apple didn't go after the others

------
LockAndLol
This comment section is sure to be filled with people who funded Apple by
buying one of their products. If you read the article, think what Apple's
doing is wrong and still continue to buy their products, well buddy you're
part of the problem.

------
Wistar
I'd like to see the actual complaint.

I traced this mark application through its two year application and approval
process and PrePear had its application suspended once for possible confusion
with a Hong Kong based app company called Pear Technology Limited but nothing
from Apple.

------
redleggedfrog
Well, I could vote with my dollars, but I guess I already do - never bought an
Apple product...

------
Animats
Apple at one time had a trademark problem with some '60s band. That one was
settled.

~~~
dredmorbius
With an explicit agreement to not participate in music business.

------
microcolonel
It would be nice if they had some way to send them cash. I have no interest in
their application, but this action is frivolous and without merit, and Apple
should lose outright if it ever makes it to a court.

------
tedunangst
Wouldn't it be more viable to change the logo temporarily instead of laying
off staff, gain some more traction, then revamp the logo a year from now when
you have more secure finances?

~~~
gundmc
Rebranding is extremely expensive.

------
retpirato
THIS is why I hate Apple. This company has nothin to do with Apple, so they
have no reason. This isn't the first time they've done something like that
either.

------
arendtio
I wonder why Apple doesn't have a problem with the Orange company. Maybe Apple
is just afraid of fighting someone within their own weight class...

------
fastball
Direct link[1] to the change.org petition.

[1] [http://chng.it/Zw7QxgwGCS](http://chng.it/Zw7QxgwGCS)

------
nabla9
Failure to police can weaken trademark. For famous trademarks (like Apple)
there is additional legal concept called "trademark dilution" where trademark
owner can forbid use of the trademark in unrelated products and services.

Big brands take even the weakest cases just to be sure. For example, if you
want to start robotics company with 'droid' in the name, you get letter from
Disney lawyers.

------
wayneftw
Fuck these websites that hijack your browser history when you scroll down.

Can we ban links to sites that do this?

------
birdyrooster
Anyone remember PearPC, the PPC emulator for x86? I wonder how that runs on a
modern Intel cpu.

------
ellsthrow
Tbf, they do have the _exact_ same leaf shape. Shame on them.

------
Havoc
They don't even look remotely similar and aren't in same industry. WTF

------
jimnotgym
I don't think they are similar. It is like comparing apples with oranges.

------
bitL
Next: Apple removes Prepear from AppStore and bans developer accounts.

------
DiogenesKynikos
Does Apple own all the fruit?

If yes, can I use a tomato as my company's logo?

~~~
FrontendorTeam
hahaha i loved your comment. really unbelievable shits.

------
cm2187
Stanley Kubrick would name its homicidal computer ZOOKD today...

~~~
Yetanfou
Nah, Apple might be rich but they're not dominant like IBM was back in the
day. More likely he'd call it one of these:

    
    
       hpphmf
       iqqing
       jrrjoh
       ksskpi
       lttlqj
       muumrk
       nvvnsl
       owwotm
       pxxpun
       qyyqvo
       rzzrwp
       saasxq
       tbbtyr
       uccuzs
       vddvat
       weewbu
       xffxcv
       yggydw
       zhhzex
       aiiafy
       bjjbgz
       ckkcha
       dlldib
       emmejc
       fnnfkd
    

weewbu sounds catchy, a bit like [W]eibo.

lttlqj - little QJ, would work. Otherwise iqqing.

------
MaysonL
Note how they have ignored the Raspberry bleeping Pi.

------
zepto
Is there any evidence that this is actually true?

I see none at all presented - not even a quote or statement from a cease and
desist.

It seems implausible that Apple could win this, and implausible that they’d
even see reason to take action.

Perhaps they haven’t.

~~~
gundmc
Yes. Here is their trademark notice of opposition. It's as ridiculous as it
sounds.

[https://www.scribd.com/document/471822364/Apple-s-Notice-
of-...](https://www.scribd.com/document/471822364/Apple-s-Notice-of-
Opposition-v-Super-Healthy-Kids-Inc)

------
frankzen
Isn't that like comparing apples to pears?

------
gjvc
Tim Cook's Apple, same as the old.

------
eruci
I'm the only fruit around here!

------
m3kw9
It seem more like the legal dept went ahead on this one without higher up PR
oking this

------
mckirk
Shouldn't Libertarians be outraged by this kind of thing? No better way to
screw up competition than to make it impossible to win against a much larger
company in court...

------
kevin_thibedeau
Sosumi

------
praelud
The future is a few multi-trillion companies period. This can be good/bad
depending on how you view capitalism.

------
dqpb
Apple employees must be so proud.

~~~
errantspark
HAH, imagine a FAANG employee experiencing personal responsibility!

"I only work on infrastructure. I have no control over this. I just want to do
my job."

------
tus88
That is one rotten apple.

------
makach
Raspberry PI

------
faangFar
When you buy Apple products you promote their behavior.

I consider it similar to buying BP gas.

------
FrontendorTeam
that's so sad :(

------
monadic2
How is the logo not a clear parody?

Edit: I see, they just sit on you until you change it because they can afford
to buy out the courts.

