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 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 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 increase 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 presently has 14 placesin keeping with its web site.
The lawsuit alleges that the businesses behind Apple Cinemas have obtained a number of warnings that the identify would trigger confusion amongst customers. The criticism contains examples of some folks believing 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 had been prone to trigger confusion with Apple’s prior trademark rights, in keeping with the criticism.
Apple has very sturdy trademark rights in reference to a variety of products and providers, 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 immediately, in keeping with the criticism. Apple’s attorneys additionally communicated with the corporate by telephone and in writing a number of instances, however it knowingly pushed ahead with its Apple Cinemas enlargement plans, the criticism provides.
As for a way the Apple Cinemas identify got here to be? In response to the criticism, the corporate behind the chain claims they adopted the identify because of a deliberate first location on the Apple Valley Mall in Rhode Island, however they by no means opened a location there.
Apple is looking for each an injunction and financial damages.
