In a federal court docket in Massachusetts on Friday, Apple sued a small movie show chain named Apple Cinemas over alleged trademark infringement.
“Apple Cinemas is knowingly and deliberately utilizing the title Apple to sow confusion for its personal profit,” alleged attorneys for Apple, in a grievance filed in opposition to all Apple Cinemas places, and a Sand Media Corp Inc. firm related to the chain.
Established in 2013, Apple Cinemas maintained a restricted presence within the Northeastern U.S. till final month, when it opened a theater in San Francisco. The grievance alleges that Apple Cinemas is pursuing a nationwide growth throughout the U.S., together with in areas close to Apple’s headquarters and retail shops, main Apple to take motion.
“Confronted with Defendants’ plan to develop to 100 theaters nationwide, in addition to widespread public confusion about Apple’s involvement within the theaters, Apple has no various however to file this lawsuit to guard its model and clients from deception,” the grievance states.
Apple Cinemas at the moment has 14 places, based on its web site.
Apple’s “repeated efforts to resolve the matter amicably” have been unsuccessful. The lawsuit alleges that the businesses behind Apple Cinemas have acquired a number of warnings that the title would trigger confusion amongst customers, however carried on. The grievance contains examples of some individuals who believed that Apple Cinemas was owned by Apple, within the remark sections of assorted on-line information articles and social media posts.
The primary warning got here from the U.S. Patent and Trademark Workplace, which in October 2024 denied Sand Media Corp Inc.’s trademark functions for the “Apple Cinemas” and “ACX — Apple Cinematic Expertise” marks, given they have been more likely to trigger confusion with Apple’s prior trademark rights, based on the grievance.
Apple has very robust trademark rights in reference to a variety of products and companies, together with film distribution, its attorneys stated.
The second warning got here in December 2024, when Apple despatched Sand Media Corps Inc. a stop and desist letter immediately, based on the grievance. Apple’s attorneys additionally communicated with the corporate by telephone and in writing a number of occasions, nevertheless it knowingly pushed ahead with its Apple Cinemas growth plans, the grievance provides.
As for a way the Apple Cinemas title got here to be? In keeping with the grievance, the founders of the chain declare they adopted the title on account of a deliberate first location on the Apple Valley Mall in Rhode Island, however they by no means opened a location there.
Apple is searching for each an injunction and financial damages.