Feeds

High Court to hear Apple versus Apple on iTunes

Another dispute...

Build a business case: developing custom apps

Apple Computer will take on Apple Corps in the High Court on Wednesday in a dispute over whether the iTunes music service breaches an agreement with the Beatles' record label and infringes its trademarks.

It is the third time the two well-known brands have been to court over the computer company's use of the Apple name.

The first dispute was resolved in 1981, when Apple Computer agreed to pay an undisclosed amount to Apple Corps, and Steve Jobs, head of the computer firm, agreed to restrict the use of the brand he founded to computer products only. Jobs is a Beatles fan – but has never had the rights to sell the band's music on iTunes.

In 1989, Apple Corps again sued Apple Computer, this time over the company's use and sale of music-related software. The case settled in 1991 with a payment of $27m and another restrictive agreement.

However, in September 2003, Apple Corps filed suit again, over "the use by Apple Computer of the word 'Apple' and apple logos in conjunction with its new application for downloading pre-recorded music from the internet".

That new application – iTunes – has now sold over a billion downloads.

Apple Corps argues that iTunes is in breach of the restrictive agreement between the two companies and infringes upon its trademarks. Apple Computer argues that iTunes is a mechanism allowing "data transmission" and that downloads are permitted in terms of the agreement as they are "data transfers", according to reports.

The case begins in the High Court tomorrow before Mr Justice Mann who has admitted to being an iPod owner.

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Next gen security for virtualised datacentres

More from The Register

next story
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Amazon takes swipe at PayPal, Square with card reader for mobes
Etailer plans to undercut rivals with low transaction fee offer
Microsoft exits climate denier lobby group
ALEC will have to do without Redmond, it seems
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
US regulators OK sale of IBM's x86 server biz to Lenovo
Now all that remains is for gov't offices to ban the boxes
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.