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Apple wins legal battle with The Beatles

Wow. As you may know, Apple (the computer company) was sued by Apple Corps (the Beatles' record label) for use of the apple logo and name in conjunction with iTunes, the iTunes Music Store and the iPod. The two groups came to a tentative agreement back in 1991 which stated, briefly, that Apple Computer would not go into the business of creating music. The iTunes Music Store and iPod got Apple Corp's ire up, and they took Apple to court. Today, Mr Justice Edward Mann ruled in Apple's favor:

"I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work. I think that the use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with the creative works themselves."

As a result, the iTunes Music Store and iPod will be able to use the name "Apple." Plus, Apple Corps has to pick up Apple Computer's legal bill, to the tune of £2m. Now that's a sour note.

Thanks, Jake!



Wow. As you may know, Apple (the computer company) was sued by Apple Corps (the Beatles' record label) for use of the apple logo and name...
 

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yPod

I'm a bit confused. Does this mean that it is completely over, or can Apple Corps still appeal and draw it out even longer.

May 08 2006 at 2:42 PM Report abuse rate up rate down Reply
wheels

Yes, you must defend logos, trademarks, et al., but I believe the 1991 settlement between the two Apples allowed the computer company to distribute music digitally (whatever lawyer had the foresight to put that in should get a hug), which is what iTunes exactly does - two minutes of critical thinking would've figured that out. This wasn't about infringement, it was about angry greed. If I owned part of the Apple Corps legacy, I would not be happy that 2 million pounds - plus whatever monies the Apple Corps lawyers got - had been squandered.

May 08 2006 at 12:44 PM Report abuse rate up rate down Reply
Steve M

Stefan (#1) you haven't paid much attention to such players as Sun (Java logo), Micorsoft (Windows logo) and Apple Computer itself. All of these companies have fought long and hard to protect their trademarks. Sun went so far as to even sue a coffee company for the use of the word Java, even though the company had been in business for years before Sun trademarked the Java name and logo.

As Jamie said, a company must actively defend their trademarks to keep them. That's the gold standard. If you appear to be lack about people using your trademark, the courts will rule against you in the future.

May 08 2006 at 11:25 AM Report abuse rate up rate down Reply
Jamie

To keep a trademark legally clear you have to actively defend it, or you risk losing it. This may be an unpopular comment, but Beatles/Apple Corps did the same thing that Jobs/Apple did when they went after sites using iPod in their domain name. Don't be so quick to judge--it's just a necessary legal maneuver.

But of course I'm glad that Apple won the case.

May 08 2006 at 11:10 AM Report abuse rate up rate down Reply
glad

From what I gather Apple Corp don't know the difference between being in the music industry and just being a retailer of music, which is what Apple Computer are doing. Apple Computer does not rub a record label it just has an electronic storefront just like Amazon and ebay. It seem to me that Apple Corp are stuck in the past and don't seem to think that the internet exists. I tried to look at their website and it's just a one page.

May 08 2006 at 9:45 AM Report abuse rate up rate down Reply
Ralph

I'd hate to see this kill any possibility of Beatles on iTMS, but there's some big egos at work here. It's not as if they need the money, but how can you turn it down? An avenue of sale is an avenue of sale.

Still, stranger things have happened. Intel chips in Macs? Disney buying Pixar? Cats and dogs living together, my friend!

May 08 2006 at 9:41 AM Report abuse rate up rate down Reply
glad

The result was sweet music to my ears. Oh and for Stefan who doesn't know what all the fuss was about it was to do with trademark infringement apparently but in my book Apple Corp were looking for another free pay day from Apple computer. We must also give thanks to Steve jobs as he sacked the original legal team, when it was decided the case had to be heard in London. However that was probably the best move of all from Apple Corps or should I say worst. I expect Apple Computer stock to rise today.

Apple Corp they suck and I hope they never appear on iTunes.

May 08 2006 at 9:36 AM Report abuse rate up rate down Reply
ronn

If Apple Corps. is smart, talk of an appeal will be dropped and their entire collection will be available on the iTMS in lieu of court costs payments. Of course, that's not a logical bunch so I suspect appeals up the ying-yang and some pisspoor online scheme of their own.

May 08 2006 at 8:55 AM Report abuse rate up rate down Reply
Nik Fletcher

Steve,

That's so true. Too bad Apple Corps are so hung up over this case and wouldn't consider it until they've exhausted every option in the courts!

May 08 2006 at 8:51 AM Report abuse rate up rate down Reply
Steve

I know a good way for Apple Music to get back the cost of the court fees. Put the entire Beatles Catalog on iTunes. They would have the money back in the first two hours.

May 08 2006 at 8:23 AM Report abuse rate up rate down Reply
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