Not even one month after the movie theater chain Apple Cinemas took over the vacant 1000 Van News theater, the computer company Apple, Inc. is suing them over their name, saying that it’s meant to deceive consumers.
It seemed like a pretty feel-good story when the long-vacant AMC Van Ness movie theater reopened at 1000 Van Ness Avenue last month as a new multi-plex called Apple Cinemas Van Ness. Apple Cinemas is a chain of 14 movie theater locations, all of which are on the East Coast except for the new SF location. And when Apple Cinemas Van Ness opened in early July, SFist and many other local media outlets were careful to note that the company was not in any way affiliated with the Cupertino-based tech giant iPhone maker Apple, Inc.
Well, Apple CEO Tim Cook and the armies of Apple lawyers apparently feel this theater chain did not do enough to differentiate itself. The Hollywood Reporter broke the news Monday that the tech company Apple is suing the Apple Cinemas movie theater chain, claiming the name constitutes trademark infringement.
“Consumers should not go to an ‘Apple Cinemas’ theater thinking it is connected to the famous Apple brand, with all its goodwill and brand equity,” Apple [Inc] attorney Miranda Means said in the lawsuit. The lawsuit asks that the “Apple” name be removed from the cinemas, and also asks for unspecified monetary damages.
“Apple” is not an uncommon name, as some of you may remember the Beatles’ old record label Apple Records. But this lawsuit brings up a few other factors.
The tech company Apple, or course, now makes movies themselves (ie, Killers of the Flower Moon, Napoleon, F1), so there could be a reasonable worry of consumer confusion there. Watching movies in iTunes was also a thing for a while, and back in 1999, their then-popular video player Quicktime was a go-to source for watching movie trailers online. Plus it turns out that same year, Apple also released a widescreen monitor called Apple Cinema Display.
But Apple Inc.’s attorney may have a real gotcha against Apple Cinemas. Per the lawsuit, Apple Cinemas apparently tried to trademark the names “Apple Cinemas” and “ACX – Apple Cinematic Experience” last year. Trademark officials denied that request, saying the product was too “closely related” to Apple’s TV and movie streaming options. Apple Inc. also says they sent a cease-and-desist letter to Apple Cinemas, and claims the cinema chain ignored it.
There is also the issue of Apple Inc.’s claim that online reviews are tarnishing the tech company’s reputation, as online reviews of Apple Cinemas’ theaters supposedly call the them “greasy,” “dirty” and “grungy.” We have not seen such sentiment on the Apple Cinemas Van Ness Yelp page, though there are certainly are a lot of viewers disappointed that they were promised reclining seats, and the reclining seats are not installed yet.
And it may be Apple Cinemas’ aggressive expansion plans that caught Apple, Inc.’s unwanted attention. The Chronicle noted last month that Apple Cinemas was also reopening Danville’s Century Blackhawk Plaza. And the Hollywood Reporter says that the SF opening at 1000 Van Ness was “part of an aggressive expansion that includes plans to roll out 100 locations nationwide to become one of the largest exhibitors in North America over the next decade.”
Related: Former AMC Van Ness 1000 Movie Theater Reopens This Weekend as ‘Apple Cinemas Van Ness’ [SFist]
Image: Curtis W via Yelp
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