Feeds

High Court to hear Apple versus Apple on iTunes

Another dispute...

Boost IT visibility and business value

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.

The Essential Guide to IT Transformation

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
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.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.