Posted on 05/08/2006 2:45:46 AM PDT by HAL9000
LONDON, May 8 (Reuters) - Apple Computer is not liable for trademark infringement against Apple Corps, the music company owned by the Beatles, a judge in London's High Court ruled on Monday.Apple Corps, owned by Paul McCartney, Ringo Starr, John Lennon's widow Yoko Ono and the estate of George Harrison, argued the computer company has violated a 1991 trademark agreement by moving into the music business through its market-leading iTunes online store.
Apple Computer argued in court hearings in London earlier this year that iTunes was primarily a data transmission service, permitted by the agreement.
The 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 fruit-shaped logos.
Here's the source link...
http://money.cnn.com/2006/05/08/technology/apple_beatles.reut/index.htm?cnn=yes
BBC
The Beatles set up record label Apple Corps in 1968 The Beatles have lost their court challenge against Apple Computer over its iPod and iTunes download service. Sir Paul McCartney, Ringo Starr and the families of George Harrison John Lennon control the Apple Corps record label.
They claimed the US firm broke a deal aimed at ensuring there would not be two Apples in the music industry.
But Mr Justice Edward Mann ruled that the computer company used the Apple logo in association with its store, not the music, and so was not in breach.
The ruling means iPods and iTunes will still be able to carry the Apple name and logo.
With great respect to the trial judge, we consider he has reached the wrong conclusion
Neil Aspinall Apple Corps
The Beatles' label, which wanted London's High Court to award damages and stop its rival using the Apple logo in its music operations, will appeal.
Mr Justice Mann ruled iTunes was "a form of electronic shop" and not involved in creating music.
"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."
Apple Corps must pay its rival's legal bill, estimated at £2m, but the judge refused an interim payment of £1.5m pending further hearings.
Exclusive rights
The record label said the rise of iTunes broke an agreement the two sides hammered out in 1991 after their last dispute.
That deal gave the record label exclusive rights to use the apple trademark for the record business, Geoffrey Vos QC, representing Apple Corps, told the court.
Apple Computer, whose products helped launch the personal computer industry, was founded in 1976 and its logo is an apple with a section removed from the side.
We have always loved The Beatles, and hopefully we can now work together to get them on the iTunes Music Store
Steve Jobs Apple Computer
Apple Corps was set up by The Beatles in 1968 and is represented by a complete green Granny Smith apple.
Apple Corps manager Neil Aspinall said: "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.
"We will accordingly be filing an appeal and putting the case again to the Court of Appeal."
Apple Computer chief executive Steve Jobs said: "We are glad to put this disagreement behind us.
"We have always loved The Beatles, and hopefully we can now work together to get them on the iTunes Music Store."
The launch of the iPod, a portable digital music player, in 2001, and its iTunes music store two years later, prompted the latest battle.
Court download
About three million songs are downloaded from the service every day.
Tracks by The Beatles have not been licensed for downloading and are not available on the service.
Mr Vos demonstrated how to use iTunes during the hearing - downloading Chic's 1978 disco hit Le Freak in the courtroom.
He pointed out to Mr Justice Mann how many times the Apple logo appeared on the computer screen as he went through the process.
why doesn't apple computer just buy apple records and end this once and for all.
Doesn't Mikey "I Love Little Boys" Jack-scumbag own the rights to all of the songs? Won't he be profitting handsomely if Apple Computer sells the songs on the iPod d/l service?
Good. First of all the lawsuit is ridiculous, secondly I'll never forgive McCartney for selling the rights to the Beatles' music to Michael Jackson (as if Paul needed the money), and lastly I'm always happen when that hippy-skank Yoko loses.
happen = happy
Apple 'eats Apple in lawsuit...
If you want on or off the Mac Ping List, Freepmail me.
Apple Computer fans are going bonkers over the ruling!
I agree, it was a ridiculous lawsuit. The terms of the agreement do not prevent Apple from selling music as long as Apple Computers doesn't produce any Apple branded music.
The agreement is not a complicated legal agreement, but every time a lawsuit is brought by Apple Records, the end result is usually that the definition of the agreement is updated... in Apple Computer's favor.
I think Apple Records attempted a lawsuit not too long ago over Apple Computers' audio editing software. If I could convey facial expressions, you'd be looking at me rolling my eyes.
Actually, McCartney didn't sell the songs to Michael Jackson. Dick James owned 40% of Northern Songs in the 1960s. McCartney and Lennon held 20% each, while 20% went to "general public" shares. By 1969, James had bought enough public shares so that he owned 51% of the rights. He immediately sold to Sir Lew Grade, who snatched up the remaining public shares. Outgunned, Lennon & McCartney sold their NS shares in exchange for ATV stock.
Fast forward to the early '80s. Grade puts Northern Songs up for sale for $20 million. Paul rings Yoko, says they can split it 50-50 at $10 million each. Yoko says they can get a better price. Meanwhile, Michael Jackson is flush with "Thriller" cash and buys the whole lot for just under $50 million.
Who the heck is Dick James?
Why on earth would Apple Computer have to pay the loser's legal bills???
"No money for you, Yoko!"
"If the Apple is bit, it's still our sh..."
He's a Tooper Freak... He's tooper freaky.
Losing control of their own work sounds like a pretty typical thing for a 1960s artist to do (John Fogerty, Moby Grape, It's a Beautiful Day, the Beatles...). One would think that the Beatles would have advised Badfinger a little better, maybe half of that band wouldn't have killed themselves. Ah well.
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