Likelihood of confusion: Apple sues US cinema chain "Apple Cinemas"

Apple has sued the small US movie theater chain “Apple Cinemas”. The iPhone manufacturer alleges that the provider is deliberately using the well-known brand to take advantage of it. Such a similarity of names causes confusion among moviegoers and customers alike and could also damage the Apple brand. The IT company refers, among other things, to complaints about dirty movie theaters and “subterranean poor projection systems” in social media. Such criticism could also rub off on Apple as a technology company.

Facebook users apparently confused

In the lawsuit, Apple's lawyers list further comments from Facebook users, for example, who are obviously confused about who runs “Apple Cinemas”. Jokes from users whether the cinemas sell their tickets at “iPhone prices” were also documented. “iPhone prices” are an allusion to another famous Apple trademark, the corporate lawyers note dryly (Apple v. Sand Media et al., Case No. 1:25-cv-12173, United States District Court – District Of Massachusetts).

According to Apple, it has tried to reach an amicable agreement with Apple Cinemas. It is obvious that there is a likelihood of confusion – and that Apple is also active in the entertainment sector. Among other things, the company refers to its streaming service and its own retail stores, which sometimes also show films or documentaries. The manufacturer also refers to the once trademarked “Apple Cinema Display”.

“Apple Cinemas” also uses an apple as its logo and places its cinemas in shopping centers – similarly to Apple Stores, according to the lawsuit. The cinema chain has apparently been around for well over 10 years, but Apple's trademark experts only became aware of it due to a planned expansion. They then contacted Apple Cinemas directly and requested that the name be changed. The trademark registration of “Apple Cinemas” was also rejected by the US Patent and Trademark Office, Apple notes. The company is demanding injunctive relief and damages.

Apple insists on its trademarks

Apple vigorously defends its logo and trademark registrations. This repeatedly leads to bizarre situations for non-trademark lawyers: In Switzerland, the company had its figurative mark, which shows a generic Granny Smith in black and white, extended to other areas – and met with great resistance from farmers' associations. Smaller apple-related projects may also stumble over Apple lawyers, such as the “Apple Route” Rhine cycle path a few years ago.

(lbe)