Apple vs Apple was one of the most epic trademark battles in history. The Beatles’ record label Apple Corps sued Apple Computer (now Apple Inc) in a series of legal disputes over almost three decades until the latter finally paid $500 million to settle and acquire Apple Corps’ trademarks, allowing it to use the name and logo for music distribution via iTunes.
Given that history, it’s not surprising that a lot of people are commenting on the apparent irony of the situation now that Apple Inc is suing Apple Cinemas. Apple (the tech company) says the cinema chain “knowingly and intentionally using the name Apple to sow confusion”. But the tech giant doesn’t operate any cinemas and only started making films relatively recently. So is it all Apple and oranges?
Owned by Sand Media Corp Inc, Apple Cinemas was founded in 2013 and now has 14 venues. With a logo that features an apple formed by a ream of film, the chain was limited to the Northeastern US, but it’s recently opened a cinema in San Francisco under 50 miles from Apple’s Cupertino headquarters. It now plans a major nationwide expansion, which seems to be what’s sparked Apple to take action.
The Cupertino Apple says in its complaint: “Faced with Defendants’ plan to expand to 100 theaters nationwide, as well as widespread public confusion about Apple’s involvement in the theaters, Apple has no alternative but to file this lawsuit to protect its brand and customers from deception,” the complaint states.
The lawsuit cites cases in which people believed Apple Cinemas was owned by Apple Inc, illustrated by comments from online news reports and social media posts. It also says that the iPad-making Apple sent Sand Media a cease-and-desist letter in December 2024, but that the owner of the cinema chain continued with its expansion plans. It’s now seeking an injunction and monetary damages.
Apparently, Apple Cinemas’ name dates back to an aborted plan to open its first location at the Apple Valley Mall in Rhode Island. It never actually opened there, but it kept the name when it opened its first cinema in Massachusetts in 2013.
That was over five years before Cupertino’s Apple founded Apple Studios and started making Apple Original Films, although Apple did previously sell the flat-panel monitor Apple Cinema Display between 1999 and 2011. It seems that Sand Media had its application to trademark the names “Apple Cinemas” and “ACX — Apple Cinematic Experience” rejected by the US Patent and Trademark Office last year.
Could Apple Cinemas really confuse people? The case is likely to bring up once more the so-called ‘moron in a hurry’ test, which Apple itself tried to use as a defence against Apple Corps back in 2006, when it argued that even a moron in a hurry could not be mistaken about the difference between iTunes and the Apple Corps record label.
The court will have to consider how similar the brand’s logos are in terms of look and feel, and any direct evidence customers have confused the brands.
While some people criticise Apple for bullying a smaller business, it’s worth remembering that companies have to protect their brands or lose them, and Apple is one of the most valuable brands in the world. Trademark lawsuits aren’t only about the money – they’re often the only way that a company can test whether a legal infringement exists in order to shape the legal definition of its brand.
Grab the popcorn because the outcome of the case won’t just define the fate of Apple Cinemas but also the potential scope and value of the Apple brand.
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