Three Lessons From the Super Healthy Kids and Apple Trade Mark Battle
Emily Young
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’s use of a pear in their logo. Apple’s 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 ‘dilution of the distinctiveness’. This meant that the similarity of the pear logo would affect the distinctiveness of Apple’s logo.
This article will provide some background on Apple’s opposition to Super Healthy Kids’ logo, as well as explore three lessons learned from this trade mark battle.
Background
In 2017, Super Healthy Kids prepared to launch their app ‘Prepear’, an all-in-one app where users could organise their recipes and plan their meals. They filed for trademark registration for their pear logo. Though, in 2020, the founders of Super Healthy Kids were shocked to receive a 352-page opposition notice disputing the use of the proposed logo.
Apple suggested that there were too many similarities between the two logos. Indeed, both a “minimalistic fruit design with a right-angled leaf”. 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.
Super Healthy Kids fought back against Apple. They started 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.
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.
Initial proposed logo for the ‘Prepear’ app | Logo accepted by Apple |
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Lessons Learned
1. Importance of Trade Mark Registration
Super Healthy Kids’ battle with Apple proved the power of registration. With trade mark registration, comes the exclusive right to use, licence and sell your 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.
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:
- healthcare;
- nutrition; and
- general wellness.
Apple’s broad registration proves the importance of registering your trade marks under as many goods and services as appropriate to receive the best protection. These are known as trade mark classes.
Likewise, Apple considered that an app similar to the Prepear app is “within Apple’s natural zone of expansion”. Ultimately, Apple’s actions highlight the importance of forward-thinking when you are preparing to trade mark the assets of your business.
2. Power of Good Branding
Apple’s opposition notice emphasised that the Apple logo is recognised all over the world. As such, any use of a fruit has the potential to confuse consumers into thinking that a product is affiliated with or endorsed by Apple.
In the past, Apple has opposed other businesses from using fruits in their logos, resulting in businesses being forced to change their logo. Unfortunately, businesses may even close their doors following costly legal battles that they simply could not afford. Apple’s adamance that fruit logos belong to them serves as proof of the power of branding. Indeed, if corporate giant Apple feels threatened by small, family-owned businesses using vaguely similar logos, this indicates how distinctive and untouchable branding is essential for success.
3. Choose Your Battles Wisely
Apple has successfully stopped other small businesses from using fruit logos in the past. This highly publicised legal battle serves as a good reminder to choose your battles wisely. Apple is known for being a major corporation with humble roots, designing its entire brand around being devoted to customer experience. Though, Apple’s ruthless dispute with Super Healthy Kids reveals the lengths that companies will take to assert their trade mark rights.
Ultimately, if you are faced with a trade mark dispute, it is best to engage a trade mark lawyer. A specialised lawyer will help you determine if legal action is worth pursuing, or if it is best to amend your brand to avoid further trouble. Importantly, choose your battles wisely.
Key Takeaways
Even major corporations like Apple should be concerned about the impact that small businesses can have on their brand reputation. Apple’s attempt to prevent small business Super Healthy Kids from using a pear in their logo is proof of this. The legal battle between the corporate giant and the small business has shown some valuable lessons about trade marks, including the importance of:
- registering your trade marks;
- protecting your brand; and
- choosing your trade mark battles wisely.
If you need help protecting your trade mark, contact our experienced trade mark lawyers on 1300 657 423.
Frequently Asked Questions
A trade mark is a legally enforceable right that you have over your business’ intellectual property. A trade mark can take many forms, including a word, phrase, image or colour.
Your business’ intellectual property is its most important asset. Likewise, registering a trade mark is a great way to protect these assets. Having a trade mark will give you exclusive rights over your business’ intellectual property, preventing others from benefiting from your brand.