In legal wrangling over iTunes, court rules that Apple the computer guys didn’t breach earlier agreement with Apple, The Beatles record guys..
Last month we told you about the logo dispute between the Beatles’ recording label, Apple Records and our fave computer company Apple and the use of the Apple logo on the wildly popular music service iTunes. Apple (records) claimed that Apple (computer) had violated an earlier agreement that allowed the computer company to use their Apple logo trademark as long as the computer company steered clear of the “music business”. Well, the judge has finally passed down his ruling, in favor of the Cupertino computer giant, agreeing that Apple (computers) did not violate an earlier agreement, and that the iTunes service did not put them in the music business. “I find no breach of the trademark agreement has been demonstrated. The action therefore fails,” said Mr Justice Edward Mann.
“I conclude that the use of the apple logo … does not suggest a relevant connection with the creative work,” Mann said in his written judgment. “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.”
Neil Aspinall, manager of Apple Corps (the Beatles’ outfit), said the ruling would be appealed. “We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer has broken the agreement,” Aspinall said in a statement. As part of his rulings, the judge refused Apple Computer’s application for an immediate interim payment of 1.5 million pounds (€2.2 million; US$2.8 million) from Apple Corps toward its legal costs, pending further hearings.
Apple Corps faces a similar bill for its own legal expenses.