{"id":6742,"date":"2021-09-08T12:27:55","date_gmt":"2021-09-08T02:27:55","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6742"},"modified":"2021-10-07T14:47:41","modified_gmt":"2021-10-07T04:47:41","slug":"trade-mark-battle","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/protection\/trade-mark-battle\/","title":{"rendered":"Three Lessons From the Super Healthy Kids and Apple Trade Mark Battle"},"content":{"rendered":"\n

In 2020, multinational technology company, Apple, entered into a trade mark dispute with food blog, Super Healthy Kids. The dispute was over Super Healthy Kid\u2019s use of a pear in their logo. Apple\u2019s opposition was on the basis that the pear would be too similar to their iconic apple logo. Likewise, Apple believed the logo would cause confusion and result in a \u2018dilution of the distinctiveness\u2019<\/span>. This meant that the similarity of the pear logo would affect the distinctiveness of Apple\u2019s logo. <\/span><\/p>\n\n\n\n

This article will provide some background on Apple\u2019s opposition to Super Healthy Kids\u2019 logo, as well as explore three lessons learned from this trade mark battle. <\/span><\/p>\n\n\n\n

Background<\/span><\/h2>\n\n\n\n

In 2017, Super Healthy Kids prepared to launch their app \u2018Prepear\u2019, an all-in-one app where users could organise their recipes and plan their meals. T<\/span>hey f<\/span>iled for trademark registration for their pear logo. Though, i<\/span>n 2020, the founders of Super Healthy Kids were shocked to receive a 352-page opposition notice disputing the use of the proposed logo. <\/span><\/p>\n\n\n\n

Apple suggested that there were too many similarities between the two logos<\/span>. <\/span>Indeed, both a \u201cminimalistic fruit design with a right-angled leaf\u201d. While Apple is primarily a computer software company, their notice alleged that the logos were too similar given that Apple also has products in the nutrition and general wellness sectors.<\/span><\/p>\n\n\n\n

Super Healthy Kids fought back against Apple<\/span>. They start<\/span>ed a petition that received nearly 300,000 signatures in an attempt to get Apple to drop the case. For a small business, the consequences of a trade mark dispute could potentially cost thousands of dollars in legal fees. <\/span><\/p>\n\n\n\n

Accordingly, Super Healthy Kids eventually readjusted their logo slightly, changing the leaf on the pear to a half-moon shape. Ultimately, Apple deemed the change as acceptable.\u00a0\u00a0<\/span><\/p>\n\n\n\n

Initial proposed logo for the \u2018Prepear\u2019 app<\/b><\/p><\/td>

Logo accepted by Apple <\/b> <\/span><\/p><\/td><\/tr>

\"\"<\/td>\"\"<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Lessons Learned<\/span><\/h2>\n\n\n\n

1. Importance of Trade Mark Registration<\/span><\/h3>\n\n\n\n

Super Healthy Kids\u2019 battle with Apple proved the <\/span>power of registration<\/span><\/a>. W<\/span>ith trade mark registration, c<\/span>omes the exclusive right to use, licence and sell y<\/span>our intellectual property. Additionally, if you find someone is using your trade mark without your permission, you have legal options to assert your trade mark rights. Ultimately, trade mark registration provides the strongest protection over your intellectual property.<\/span><\/p>\n\n\n\n

Accordingly, Apple pointed out they had multiple trade mark registrations and rights to its logo. Likewise, their rights expanded beyond technology and into sectors including:<\/span><\/p>\n\n\n\n