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 identify Apple to sow confusion for its personal profit,” alleged attorneys for Apple, in a criticism filed towards 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 criticism 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 prospects from deception,” the criticism states.
Apple Cinemas at the moment has 14 places, in response to its web site.
Apple’s “repeated efforts to resolve the matter amicably” had been unsuccessful. The lawsuit alleges that the businesses behind Apple Cinemas have obtained a number of warnings that the identify 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 had been more likely to trigger confusion with Apple’s prior trademark rights, in response to the criticism.
Apple has very sturdy trademark rights in reference to a variety of products and companies, together with film distribution, its attorneys mentioned.
The second warning got here in December 2024, when Apple despatched Sand Media Corps Inc. a stop and desist letter instantly, in response to the criticism. Apple’s attorneys additionally communicated with the corporate by cellphone and in writing a number of occasions, however it knowingly pushed ahead with its Apple Cinemas growth plans, the criticism provides.
As for the way the Apple Cinemas identify got here to be? In line with the criticism, the founders of the chain declare they adopted the identify attributable to 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.
