In a federal courtroom 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 criticism filed towards all Apple Cinemas areas, and a Sand Media Corp Inc. firm linked 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 criticism alleges that Apple Cinemas is pursuing a nationwide enlargement 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 broaden to 100 theaters nationwide, in addition to widespread public confusion about Apple’s involvement within the theaters, Apple has no different however to file this lawsuit to guard its model and prospects from deception,” the criticism states.
Apple Cinemas at present has 14 areas, 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 criticism consists of 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 purposes for the “Apple Cinemas” and “ACX — Apple Cinematic Expertise” marks, given they have been prone to trigger confusion with Apple’s prior trademark rights, based on the criticism.
Apple has very sturdy 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 straight, based on the criticism. Apple’s attorneys additionally communicated with the corporate by telephone and in writing a number of occasions, however it knowingly pushed ahead with its Apple Cinemas enlargement plans, the criticism provides.
As for a way the Apple Cinemas title got here to be? In keeping with the criticism, the founders of the chain declare they adopted the title as a result 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.