James Delahunty
8 May 2006 9:38
The Beatles' record label, Apple Corps, has lost its challenge against Apple Computer Inc. over the use of an "Apple" logo on iPods and the iTunes music store. The record label, which is controlled by Sir Paul McCartney, Ringo Starr and the families of George Harrison and John Lennon, accused the U.S. firm of breaking a 1991 agreement between both companies that gave the label exclusive rights to using the Apple logo in the record business.
Since you can clearly see Apple logo (an apple with a bite taken from it) on the iTunes music store and on iPods, the record label sued the company and wanted the wanted London's High Court to award damages and stop its rival using the Apple logo in its music operations. However, today the judge ruled against the labels saying that Apple Computer Inc. is using the logo in association with its store, not the music, and so was not in breach.
"I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work," he wrote in his 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." He said that iTunes was an electronic music store, but not involved in "creating" music.
Apple Corps will appeal the decision. "With great respect to the trial judge, we consider he has reached the wrong conclusion. We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement." Apple Corps manager Neil Aspinall said. "We will accordingly be filing an appeal and putting the case again to the Court of Appeal." Steve Jobs is happy to leave this all behind now.
"We are glad to put this disagreement behind us." Jobs said. "We have always loved The Beatles, and hopefully we can now work together to get them on the iTunes Music Store."
Source:
BBC News
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