Beatles Lose Apple Suit

Red Herring

London High Court rules in favor of iPod maker in trademark infringement case.
May 8, 2006

Apple Computer won Monday in London's High Court in the trademark infringement suit brought by the Beatles' record company, Apple Corps.

The record company, owned by Paul McCartney, Ringo Starr, John Lennon's widow Yoko Ono, and George Harrison's widow Olivia Harrison, had sued Apple Computer, claiming that its iTunes Music Store violated a 1991 agreement between the two companies regarding in which areas the two companies could use their apple logos..

The two companies first battled over the Apple logo back in 1981 and settled for $80,000.

Under the two companies' 1991 settlement, Cupertino, California-based Apple Computer paid London-based Apple Corps $26 million after the record label claimed that Apple Computer�s music synthesizer software violated the earlier agreement.

The trial began when Lord Grabiner played a brief excerpt of the disco song "Le Freak" by Chic to demonstrate iTune.

Mr. Justice Mann, the judge who ruled in the latest dispute, said he found no infringement from iTunes. "I find no breach of the trademark agreement has been demonstrated," he said in his judgment 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," he added.



Apple Corps uses a green Granny Smith apple in its logo, while Apple Computer uses an apple with a bite removed.



Shares of Apple Computer rose $1.10 to $72.99 in recent trading.


Putting the Beatles on iTunes

The record company said it planned to appeal the decision. Apple Corps was ordered to pay court costs. Lord Anthony Grabiner, who represented Apple Computer, asked for a £1.5-million ($2.8 million) interim payment for the computer maker's legal costs. The rest could cost another £1 million ($1.9 million).


Apple Corps had sought multimillion-pound damages from Apple Computer for use of the logo. The record company's lawyer, Geoffrey Vos, said Apple Computer had given users access to 3.7 million music tracks and there had been over a billion downloads from iTunes.



Apple Computer CEO Steve Jobs hailed the decision. "We are glad to put this decision behind us," he said, according to Reuters. "We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store."



Apple Computer has been trying since 2003 to get music from the Beatles onto iTunes, but the music is still not available for download legally from iTunes or any other legitimate online music service. Apple Computer even offered $1 million for the name Apple Records.



Apple Corps said no decision has been made yet when the Beatles' songs would be available for purchase online.

Front paged at the new site. BTW, what was the source link for this item?

Try BBC

I couldn't find that exact link, but here's something from AP via Yahoo that says about the same thing. (Perhaps with a few more minor tid bits.)

Link

I don't know the exact details of the agreement between Apple and Apple Corps., but from a legal standpoint, from what I do know, I think the Judge ruled the wrong way.

I mean, didn't Apple agree NOT to enter the song hucking biz in order to be able to keep the name that clearly is confusable with the Beatle's label's?

The judge ruled the way he did because iTunes is generating more revenue than the Beatles are right now, and, after all, that's what's really important. Right?

that musta hurt :bruise:

That's NOT George!

As far as I'm concerned the Beatles' music, movies, and trademarks should all be public domain by now. It was forty years (!) ago today that Sgt. Pepper taught the band to play.

There is no similarity in the logos and anyone with a double digit IQ would not confuse Apple records with iTunes music store. The greedy Beatles and dead Beatles' estates are barking up the wrong (apple) tree. I for one applaud the smackdown.

It isn't that I like Steve Jobs or iTunes. But Apple has done far more to establish their trademark and their identity as Apple than the Beatles ever did. Maybe the Beatles should be paying Jobs to continue to display their sour apple on their overpriced products which attempt to resell the fans the same stuff over and over again. *cough*American Beatles albums CD sets*cough*

Shmoo -- It's not the name. Just the Apple logo.

Unless they recently opened a recording studio, became a music publisher or a record label, Apple Computer does not compete with Apple Corps in any meaningful way.

Too bad they couldn't release the Beatles' library to public domain. Assholes. All this does is intesify my hatred for the RIAA tactics.