Apple beats Apple

[Darthtiki 0]

This could have gone here or the Computer folder:

Apple Computer wins trademark dispute vs Beatles

Mon May 8, 2006 8:11 AM ET

 

 

 

By Adam Pasick

 

LONDON (Reuters) - Apple Computer won its courtroom battle against the Beatles on Monday when a judge ruled the company's iTunes Music Store did not infringe on the trademark of Apple Corps, which represents the band's interests.

 

In a trial which included the playing of disco hit "Le Freak" in London's High Court, Apple Corps argued the computer company had violated a 1991 trademark agreement by moving into the music business.

 

Apple Computer, which has sold millions of iPods and more than a billion song downloads, held that iTunes was primarily a data transmission service and permitted by the agreement.

 

The Beatles are high-profile holdouts from Internet music services like iTunes, but it emerged during the trial that Apple Corps is preparing the band's catalog to be sold online for the first time, according to a submission by Neil Aspinall, managing director of Apple Corps and a former Beatles road manager.

 

"We are glad to put this disagreement behind us," Apple Chief Executive Steve Jobs said. "We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store."

 

A spokeswoman for Apple Corps said that no decision had been made on when the Beatles' songs would be available to purchase online.

 

Apple Corps -- owned by Paul McCartney, Ringo Starr, John Lennon's widow Yoko Ono and the estate of George Harrison -- has fought several courtroom battles with Apple Computer over their competing fruit-shaped logos.

 

A 1991 out-of-court settlement, which included a $26 million payment by Apple Computer, set out areas in which each party would have exclusive use of their respective logos.

 

"I find no breach of the trademark agreement has been demonstrated," Mr Justice Mann said in his judgment on Monday. "The action therefore fails."

 

"I think the use of the apple logo is a fair and reasonable use of the mark in connection with the service," Mann said, referring to a central argument of Apple Corps over the use of the Apple Computer logo within the iTunes Music Store.

 

Apple Corps said it would appeal the decision. Apple Computer was awarded court costs.

 

For some reason, I'm not surprised at the ruling and I won't be surprised if we see the catalog by '07

[Guest Vitamin X]

In a trial which included the playing of disco hit "Le Freak" in London's High Court, Apple Corps argued the computer company had violated a 1991 trademark agreement by moving into the music business.

 

This must've been interesting.