Stop Apple Inc. from trademark bullying indie synth-pop band Candy Apple Blue!

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Hello. My name is Carly Emerick and I'm in an indie synth-pop band from Pittsburgh, Pa named Candy Apple Blue. I started this band with my brother a decade ago in 2010. The two of us compose music in our bedroom studio, release it independently, shoot do-it-yourself ("DIY") music videos, and upload them to YouTube. This little band has been our creative outlet for the past 10 years. Last year, we decided it was time to trademark our band name which is associated with the music that we make. We filed our application with the United States Patent and Trademark Office which was then approved by their examing attorney. We thought that we were well on our way to receive our certificate.

On November 6, 2019, we were caught by surprise when Apple Inc. opposed our application and hit us with a 224-page trademark opposition lawsuit. Their argument was that they felt our band name of Candy Apple Blue was too confusingly similar to their name. We couldn't believe that these corporate tech giants, that had been selling and streaming our music on their iTunes and Apple Music platforms for the past decade, were suing us! It all seemed like an unbelievable joke until the grim reality sank in.

Initially, we represented ourselves as pro se litigants to try to save money on high-cost attorney fees. When we spoke with Apple's attorneys they had the gall to tell us to just abandon our trademark application. A strong-arming tactic that they have used successfully before. We couldn't believe their massive arrogance. They were outright disrespectful to us. We quickly realized that we were in way over our heads. So, we took the advice of the USPTO interlocutory attorney assigned to our case and hired an intellectual property attorney to help us navigate the legal proceedings. 

It's clear to us that Apple Inc. has been maliciously and strategically putting small companies out of business by filing frivolous opposition lawsuits to prevent small businesses from benefiting from the protection that comes with having a federally issued trademark. Apple Inc. has hired Kilpatrick Townsend & Stockton LLP to do their dirty work. They are abusing the rights that the United States Congress has granted them far beyond the scope of what is considered reasonable or fair and at the expense of small businesses. 

It's our hope that a big law firm would congregate enough victims to start a class-action lawsuit to reclaim the monetary damages that these frivolous lawsuits have caused people like us. We know first hand the emotional and financial hardship that Apple Inc. inflicts upon its victims. We just want to get back to doing what we do best and that's making music.

Please sign our petition to shed light on this grave injustice. Thank you.