Apple Corps or Apple Computer

[ravishakahr]

Who should have rights to the Apple Logo? I think The Beatles should have all the rights.

Beatles record label 'missed out'

The Beatles' record label has been told it "missed out" in the fight against piracy by failing to sign up for Apple's iTunes downloading service.

London's High Court was told that the "genius" of the system is that it provides security for music.

But Apple Corps is not distributing the Beatles' back catalogue through iTunes, said Apple Computer's lawyer.

The label claims the US computer firm has breached an agreement preventing it from entering the music busines

The case is the latest in a long series of legal wrangles dating back to the 1980s when the record label took Apple Computer to court over a logo dispute.

'Very narrow use'

Apple Corps is seeking a court order to ban the computer firm from using the logo in connection with its online music store, which recently registered its one billionth internet sale.

"Apple Computer has been able to persuade every major content provider to distribute through the iTunes Music Store," said Lord Grabiner QC, acting for the US firm.

"But Apple Computer has not been able to persuade Apple Corps in relation to the Beatles catalogue," he added.

The company's lawyer also argued that the case "ignored key features" of a 1991 agreement with Apple Corps, saying it is permitted to operate in a wide range of fields including processing and broadcasting.

"By contrast Apple Corps' field of use is very narrow indeed, being confined to creative works whose complete content is music," he said.

Lord Grabiner denied that Apple Computer was preventing Apple Corps from using the famous logo, and said: "They must not do their business in a way which might cause conflict with our marks."

He also claimed that Apple Corps objected to the payment made on every download from iTunes, but there was no reference to this in their agreement, calling the record label's case "inherent nonsense".

Apple Corps, owned by former Beatles stars Sir Paul McCartney and Ringo Starr and the widows of John Lennon and George Harrison, was founded in 1968.

Apple Computer, the firm whose home computers helped launch the personal computer industry, was founded in 1976.

The computer company's logo is an apple with a section removed out of the side. The record company is represented by a complete green Granny Smith apple.

An agreement between the two companies to share use of the Apple trademark was first established in 1981.

But as Apple Computer's business increasingly entered the world of entertainment, the company sought a less restrictive trademark agreement and a court battle ensued in 1989.

The case continues.

[Dr Winston]

The Beatles 'Apple' should have all the rights!

They created it first.

[mojo]

It's plain to see apple computers want to get their greedy hands on the beatles catalog

[ravishakahr]

Yea I think Apple Computers should change their logo.

[New York City]

Apple, Beatles wait for decision 10th April

By Jim Welte

With closing arguments over in logo trademark case, digital music giant and the Fab Four's record company each hope they swayed judge.

Now all eyes and ears are on Edward Mann, the presiding judge in the case in London's High Court.

Mann said this week that he will issue his judgment this month but not likely before the Easter break.

As previously reported, the two companies are squabbling over Apple's use of the apple logo in conjunction with its iTunes Music Store. Apple Corps uses a shiny green apple as its logo, while Apple uses an animated apple with a bite out of it.

In his closing argument this week, Apple attorney Anthony Grabiner said music fans are smart enough to tell the difference between the use of the apple logos, according to a report from IDG News Service.

Grabiner also said that the 1991 agreement and subsequent payment provided Apple with "a considerably expanded field of use." Apple argued that the agreement allows it to use the logo because it does not own the rights to the music, but simply the digital technology to distribute it.

Grabiner said Apple Corps execs had a chance to reject the use of the logos during a prelaunch demonstration of iTunes in 2001.

But Apple Corps lawyer Geoffrey Vos said Apple is a "Johnny-Come-Lately" that is attempting to steal the British company's trademark and has consistently encroached on its territory.

"Apple Computer has been trying to take more and more away from us," Vos said.

Apple Corps chief Neil Aspinall said last week that he rejected Apple honcho Steve Jobs' offer of $1 million in March 2003 for rights to the logo within iTunes.

This week in the UK, rumors have swirled that, if true, would obliterate Apple's claim about only transmitting digital data and not owning the rights to music. A report in The Independent said that major label EMI, long rumored to be merging with Warner Music Group, was being eyed by Apple as a takeover target.

[NowhereMan]

No comment!

[ravishakahr]

Apple Computers wins Beatles case
By JENNIFER QUINN


LONDON (AP) - Apple Computer Inc. is entitled to use the apple logo on its iTunes Music Store, a judge ruled Monday, rejecting a suit filed by Apple Corps Ltd., the guardian of The Beatles' commercial interests.

Apple Corps contended that the computer company had broken a 1991 agreement in which each agreed not to enter into the other's field of business. But Judge Edward Mann ruled that the logo was used in association with the store, not the music, and thus was not a breach.

Lawyers for U.S.-based Apple Computer had argued that it was conducting its business legally and that music lovers are smart enough to tell the difference between the logos.

Apple Corps uses a shiny green apple as its logo, while Apple Computer has a cartoon-like apple with a neat bite taken out.

Lawyers for each side tussled during the hearing over advertisements for iTunes featuring musical acts U2, Eminem and Coldplay, using the logo. The judge confessed early on that he owned an iPod.

The 1991 agreement ended previous lengthy litigation over the logo. Apple Computer told the court that it paid the Fab Four's company $26.5 US million as part of the 1991 out-of-court settlement, and in return had received "a considerably expanded field of use." The terms of the deal were kept confidential at the time.

Apple Corps was started by the Beatles in 1968 and is still owned by Paul McCartney, Ringo Starr, the widow of John Lennon and the estate of George Harrison.

Cupertino, Calif.-based Apple Computer was formed in 1976, when college dropouts Steve Jobs and Steve Wozniak filed partnership papers on April Fools' Day.

Their ubiquitous iPods first came out in October 2001 and the ITunes music store opened for business in the United States in April 2003; it is now available across Europe, in Australia, Japan, and Canada.

Apple Computer shares were unchanged at $71.89 on the Nasdaq Stock Market.


Though Apple Computer CEO Steve Jobs said he was “glad to put this disagreement behind us,” the dispute appears far from over. Neil Aspinall, the manager of Apple Corps, said his company would immediately take the case to Britain’s Court of Appeal.

[Dr Winston]

But Judge Edward Mann ruled that the logo was used in association with the store, not the music, and thus was not a breach.

Yes.... but surely they will use it to promote music!! ??