In computing, as elsewhere, one is accustomed to the patent frankly abusive, claiming, for example, the exclusivity on the rotation of the pictures, on purchase, in a click or on tele-consultation medical. Apple has taken another step into the absurd by attacking Prepear, an app to organize her recipes and lists of races, who has had the misfortune to choose a pear as their logo. The all-powerful Apple has not supported that a small start-up company in the food sector has the idea of using a fruit in its visual identity.
It is true, when you see a fruit stylized, one immediately thinks of the Apple logo. But is this a reason to prohibit other companies to use an image as common as that of a fruit ? Apple points out that the logo “creates a commercial impression similar”, and that the leaf of the pear is to the right, as the leaf of her apple. Of course. That said, there was a chance on two. And the sheet is directed downwards, not upwards. And the pear is not sketched : it is transparent, it is green, very far away from the Apple logo. In short, not what to whip a pear.
“dozens” of other victims
“This is a big blow against us, this battle is going to cost us tens of thousands of dollars, (but) I feel a moral obligation to resist to the aggressive behaviour of Apple : we stand not only to keep our logo, but also to send a message to the giants of the high-tech and show them that bully small businesses has consequences,” says Natalie Monson, the co-founder of Prepear, in a call to the help very widely relayed on the social networks. A petition has even been launched and has already collected more than 63,000 signatures. The approach is fearless : even if the responsible for Prepear provides that it ” does not try to prevent anyone to buy Apple products “, the Apple could take revenge by killing, or which is less favourable to its app in the AppStore, without even having to justify itself.
Apple is not at his first attempt. The california-based company has already attacked the logos of red apples with a green leaf of the political party the Norwegian Progress as well as that of the cycle track German ” Apfelroute “, sending his lawyers to attack the dangerous office of tourism, Rhein-voreifel region to demand the withdrawal of the green leaf. After tough negotiations and with the addition of tight restrictions on the use of the logo, the bike path was able to keep it. “Apple has done this to dozens of other small structures that used a fruit as a logo, and many have chosen to abandon their image or close up shop,” says Natalie thomas s. Monson.
By 2019, the european patent Office had first given reason Apple, who was opposed to the logo of the company Pear – one pear – before changing your mind. “The simple fact that there is a generic word – the fruit which by definition includes the two objects – apple and pear is neither relevant nor sufficient to create a similarity conceptually between the two marks “, had explained the european body. Still, beyond the legal battle, a clear message to consumers : Apple considers them too stupid to tell the difference between a cycle track and an iPhone.
