Are you confused by the source of services represented by these logos?
Apple recently opposed an application for U.S. Federal trademark registration of a pear logo design owned by Super Healthy Kids, Inc. The applicant owning the pear design has been pursuing registration for its trademark in connection with (1) a software application to organize and plan meals, evaluate nutritional content, create a recipe database, and manage purchasing ingredients; and (2) an online social network in the field of cooking, food and nutrition.
Apple’s mark is undisputedly a famous one. The major question (without reciting the entire opposition) for the U.S. PTO Trademark Trial and Appeal Board is whether the pear design “readily calls to mind” Apple’s logo and creates a similar commercial impression so as to cause a likelihood of confusion between the source of each mark’s products and services or to cause a consumer to believe applicant’s services are affiliated with or endorsed by, Apple.
Apple’s Notice of Opposition can be viewed HERE. Discovery has begun and this dispute may go well in late 2021 if not resolved between the parties.
Applicant has taken the dispute to social media. Applicant’s principal, Russell Monson, has asked consumers to sign a petition requesting that Apple drop its opposition against his company. The petition can be viewed HERE.
While the petition will unlikely have any bearing in the opposition itself, such petitions might be a novel way of conducting surveys of consumers – if questions are carefully and neutrally posed – to become a less expensive way of conducting survey evidence to determine whether there is a a likelihood of confusion between trademarks. Further, if Mr. Monson gains enough signatures, will Apple be swayed into withdrawing the petition? Time will tell…
As of the date of this writing, the petition has 231,465 signatures.
Nothing herein should be considered legal advice. If you have a legal question, please consult a qualified legal practitioner.
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