Apple Computer Beats Beatles in Court

By Nate Mook | Published May 8, 2006, 11:15 AM

Apple Computer scored a legal victory over Apple Corps, the company that represents the business interests of the Beatles, which could finally put to rest a long-running trademark dispute between the two companies. Apple Corps accused Apple of breaking a 1991 agreement by selling music online with iTunes.

Apple Corps first sued Apple in 1980 over use of the Apple name and logo. The companies settled for a small sum and Apple agreed to stay out of the music business. In 1989, Apple Corps sued again over music software that enabled Macs to play and edit tracks.

The third suit involving iTunes and the use of the Apple logo to sell music began in 2003. Apple argued that the agreement allows for the sale of online data transfers, which is what the sale of digital music really is. Justice Edward Mann of London's High Court agreed.

"I find no breach of the trademark agreement has been demonstrated," he said in the ruling. "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."

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

Apple Corps said it plans to appeal the ruling.

Comments

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hurray hurray hurray. ;-p
finally we can continue to have the logo we loved.

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The Beatles don't exist anymore from many years. "..the company that represents businness interest of the beatles..." maybe are a bunch of rat-lawers trying to make money for whatever reason. The lawsuit isn't in US but it seems to be according the north-american way of life(?). One word, to the court!
Sad that Betanews help publishing this "news"

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Although Apple computer bites, it's rather silly to think you can trademark a common name such as "apple" or "windows" or whatever. Adobe has been one of the worst offenders of this insane legal practice.

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Now this is the living end.

Not only is Apple

1) a whiny, two-bit wannabe company specializing in suing the world over anything they fantasize that THEY invented

2) guilty of pandering overpriced proprietary conversation pieces that they pass off as computers

3) conning millions with badly engineered underfeatured, overpriced crap masquerading as digital audio players

4) pimping DRM-infested ripoff lossy content that they fleece rubes with in the form of digital downloads

...BUT they have the unmitigated GALL to rip off the greatest band in the history of popular music and rob them of their trademark, a trademark invented while little Stevie Jobs was still prodigiously befouling his diapers (now he does the same commercially whenever he opens his mouth, as we can now see).

They ripped off THE BEATLES!!

And they have the CHUTZPAH to say that "maybe we can now offer their content" on that retroactive abortion known as iTunez!

If I were the surviving members of the Fab Four, I'd have two words for Jobs and his band of trendy pop psychology sychophants and they're NOT "Happy Birthday".

The shame of it all.

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Sheeesh, why don't you tell us how you really feel?

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Yeah, man...don't hold back, or nothing.

Beatles...Greatest Band...

Now *that's* funny.

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In 1991 for $26.5 milion they agreed that apple comp. can use the name on "goods or services...used to reproduce, run, play or otherwise deliver such content," but not on content distributed on physical media.
see: http://en.wikipedia.org/...ation_of_Apple_Computer
so unless wikipedia is wrong or Jobs shipps the ipods full of songs i dont really understand why Applecorps sued again

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Hoping for an incompetant judge so they can get more money.

Duh? :P

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Indeed. This is america isn't it???

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You may be in America, but the lawsuit was in the UK. If you read the article (as if anybody does, before posting on BetaNews...) it clearly refers to "London's High Court."

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You have to fact-check BetaNews, as its "reporting" accuracy doesn't have a good track record.

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Well at least they got the "high" part right. ;)

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The criteria, at least in the states is that the name can be used as long as it would not confuse the consumer. In other words as long as we don't think the Beatles and Apple computers are the same company and that iTunes is the Beatles its ok.

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Yeah, I think it's pretty gay.

You cannot compete against a company using the same name if you are in the same field as that company.

So Apple's first company that registered its name that sells computers, then another company cannot use Apple and sells computers.

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My company name is ELPPA I hope they don't sue me. heheh

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Apple corps doesn't want anyone to use "apple" in the name of a business?

if every company did this, i don't think we'd have any words left to name companies.

i've got it, just put a unique letter in front of every companies name.

crap!
that'll only work for 26 companies

now i'll just name my company "iapple" and hurry production of my "xpod"

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"Apple agreed to stay out of the music business."

Not just ANY business.

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So you are telling me if I created a business called Apple Browser, Apple would not sue me for using their name? Come on. Apple corp had the name before Apple Computer did.

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no, i agree they would, just don't agree with the fact they can sue.
apple is such a generic name, i think more than one company can use it as long as they differ in product.
i see the difference between apple corps. and apple computers
and i go to itunes for music, not apple computers
i don't see how anyone could confuse the two

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Notice the name when you go to the iTunes website "http://www.apple.com/itunes/" Note it does not go to iTunes.com it goes to apple.

I am not fighting with you I just want to point out that the apple name is used with iTunes (which I think is wrong). It it just went to itunes.com and no link to Apple.com I wouold not have a problem.

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it's an apple. it's one of the most common fruits on the planet. pretty soon we'll be trademarking pronouns and contractions... not(tm) everything(tm) is(tm) for(tm) sale(tm).

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i agree completely

itunes should be it's own entity, not to be confused in any way with apple corps. or apple computers

(didn't realize itunes was part of the apple website, my bad)

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No Problem :)

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iTunes is a product of Apple Computer. How can you reasonably say that it 'should not be confused in any way with Apple Computers'? Without Apple Computer, there is no iTunes. It is entirely appropriate for it to be a part of the Apple website... it belongs to Apple!

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The point is that Apple Corp.(Music service) has the right to fight for their name. Apple Computers agreed not to get into the music industry. With the evidence of iTunes they did not follow the agreement, and they are getting away with it. If I used Apple in my name I have no dought Apple would try and sue me. Look at when Compaw made their iPaq, Apple sued them because of the i they(apple) lost.

It was different when Apple Computer was not getting into the music business. Which they obviously are in NOW.

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"not(tm) everything(tm) is(tm) for(tm) sale(tm)"

HAHA.. this made my day.

couldnt agree more.

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If there's a town called Appletown. Do they neet to change their name?

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If the town is using it for computer or music reasons then YES.

Why do you think no one (besides MSFT) can make a program called Windows on a computer? As long as you are not in the computer industry you can call your business Windows.

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Close, in Atlanta, we had a Pizza place called "Olympic pizza". Its been there 25 maybe 30 years. This was in '94. Atlanta hosted the Olympics in '96, and they saw this pizza place, made them change their name to something else without "olympic" in it.

This was a family run business, and not sure what happened, but he changed the name, but filed suit against the Atlanta Olympic committee.

That to me is just stupid. The Olympics were downtown, this guys pizza place was about 10 miles from the Olympics, and very low chance anyone would visit his establishment.. but in any case, the city was incensed over the ordeal..

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Gweneth's daughter is called Apple, if she runs a computer company in her daughter's name or her daughter does something as Apple, then what happens?

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Apple makes computers. Its not a stretch for Apple to make software. Their software, to distribute music to another device they make, is also an Apple product, the iPod. That's not the music industry, they just use the software to broker music files to be installed on a device.

Apple makes Apple iTunes, on an Apple iPod. I don't see the problem. They won't confuse the two, myself, I have never even heard of this Apple corp, until this lawsuit..which is another problem I have with companies filing frivolous lawsuits, they are trying to get brand and name recognition via the courts. This is EXACTLY what is going on. They just so happen to be similar in name to a LARGE corporation, which has been in existence for what, 30 years now? How long has Apple Corp. been in business?

Apple doesn't make music, they make software, hardware, and portable music devices, they don't produce music or artists.

I fail to see the connection, even remote. This is like saying Walmart is in the food industry, because they sell groceries.. So does publix, kroger.. just because this Apple corp bares a resemblance to Apple computer, well too bad. They are losing out to a company that is more recognizable than they are, and that's why they are upset.

If you search for Apple they want their name to be first, but Apple computer comes up first, well cry me a river.

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I can't remember her boy's name, isn't it an odd one as well?

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I am looking for an exact date, but last I check Apple corp was created in the 1960s-1970s. Which was long before Apple computers came around.

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Go Apple!
Go Apple!
Its your birthday!

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heh, I wonder if Sony will have this good of luck.

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