Apple Cinemas postpones Blackhawk opening until next year

The much anticipated opening of Apple Cinemas’ Blackhawk Plaza location that had been set for last month has been postponed to an unspecified date in 2026 as the company faces legal action from Apple Inc.

The Blackhawk location’s opening was scheduled to follow in the footsteps of Apple Cinemas’ first foray into the West Coast market with the opening of its San Francisco location on July 10. The company made a last-minute announcement on July 30 – the day before the Blackhawk location had been set to open – that the opening would be postponed until next year.

Attorneys for Cupertino-based Apple Inc. filed a copyright infringement lawsuit against Apple Cinemas on Aug. 1. It was served to all 12 Apple Cinemas locations, including Danville.

In a statement Monday, officials for Apple Cinemas said that the company is a “long-established independent theater chain with no connection to Apple Inc.,” and that it has never sought to give the impression otherwise.

“Our name reflects our geographic roots and has never been intended to suggest, or used to imply, any affiliation with their brand,” officials for Apple Cinemas said. “Furthermore, claims of consumer confusion are unfounded. Apple Cinema’s branding is clearly differentiated.”

Those geographic roots, according to Monday’s statement, stem from Apple Cinemas first planned location at Apple Valley Mall in Rhode Island. However, the company’s only existent Rhode Island location is at Warwick Mall, approximately 13 miles away.

In their complaint, attorneys for Apple Inc. argue that Apple Cinemas has intentionally sought to capitalize on the tech company’s name recognition and failed to distinguish itself in its branding and marketing efforts. While those concerns have been amplified as Apple Cinemas makes its way into the Bay Area, attorneys for Apple Inc. said that they had been sending cease and desist letters to Apple Cinemas representatives and parent companies since last year.

Attorneys for Apple Inc. said they had contacted the landlord of Blackhawk Plaza first on April 21, then on May 13, with no response from the landlord there or at the San Francisco location. Apple Cinemas officials said that they had “responded reasonably and transparently to all legal communications” from Apple Inc. in Monday’s statement.

Since Apple Cinemas has come to the Bay Area, attorneys for Apple Inc. said that they had been in touch with the landlords at Blackhawk Plaza and at the San Francisco location. They noted that Blackhawk – “just an hour from Apple’s headquarters” – was among a total of five new locations Apple Cinemas had planned to open this year.

The complaint argues that Apple Cinemas and its parent companies are not just profiting off consumers’ potential confusion over its name, but damaging Apple Inc’s reputation, pointing to negative social media comments and online reviews about the theater chain’s established locations.

Attorneys also argue that Apple Cinemas new locations at outdoor malls – of the type frequently home to Apple stores owned by Apple Inc – leave room for additional confusion and the impression of affiliation between the two companies. 

In addition to copyright infringement, the complaint alleges one count of false designation by origin and one count of federal dilution by blurring. Attorneys for Apple Inc. are seeking injunctive relief, which would put a court-ordered stop to Apple Cinemas alleged use of its trademark and visual marketing material, as well as monetary relief.

“We are committed to defending our brand, our history, and our continued right to operate as Apple Cinemas—an identity that is and has always been clearly distinct and fully compliant with all applicable trademark laws,” officials for Apple Cinemas said.

No hearings had been scheduled in the case in Massachusetts federal court as of Tuesday.

While it’s currently unclear how the court proceedings will unfold, the postponement means that the theater that previously housed Century Blackhawk Plaza is set to remain empty for nearly four years since it was vacated by Century Theatres in late 2022, and for nearly three years since Apple Cinemas signed on as a tenant in 2023.

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