Tech giant Apple is suing tiny New England-based Apple Cinemas over its name similarity.
Apple Cinemas operates 14 theaters, including one in Westbrook and an IMAX theater in Saco.
Apple filed its lawsuit on Friday, citing new Apple Cinema locations in the San Francisco Bay area near its world headquarters in Cupertino, California.
The suit claims the theater chain’s actions are a ” deliberate misuse of Apple’s world famous APPLE trademark and service mark.” and have confused customers and diluted Apple’s brand.
It says comment sections of articles and social media posts promoting the new Apple Cinema openings are full of questions from the public, including “Is this another Apple brand?”, “I certainly assumed THAT Apple was behind the new theater” and “Like a theater just for for Apple TV brands?”
The lawsuit points out Apple Cinemas, which is operated by Sand Media, was denied trademark rights in October of 2024 for APPLE CINEMAS and ACX – APPLE CINEMATIC
EXPERIENCE. It says the denial by the United States Patent and Trademark Office was based on those names being likely to cause confusion with Apple’s prior trademark rights.
Apple says it sent a cease and desist order to the theater chain, which was ignored.
The suit says Apple Cinemas knowingly trades off its trademarks in a manner that harms consumers.
“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, when Apple Cinemas has no relation whatsoever to Apple,” the lawsuit reads.
The lawsuit claims Apple Cinemas had previously only operated outside a few suburbs and city outskirts in New England, but now plan to expand to 100 theaters
nationwide. The suit claims the move will cause widespread public confusion about Apple’s involvement in the theaters.
“Apple has no alternative but to file this lawsuit to protect its brand and customers from deception,” the lawsuit reads.
Apple is seeking a jury trial in the case. The lawsuit was filed in federal court in Massachusetts.
