Feeds

Apple Corp. saw iTunes early, didn't complain - lawyer

Closing arguments made in court case

Top three mobile application threats

Apple vs Apple The Beatles' recording company, Apple Corp., was given an opportunity to object to Apple Comp.'s use of the apple logo in association with the iTunes Music Store. But it chose not to, the iPod maker's advocate claimed yesterday. Apple Corp. received an ITMS demo in January 2003 - four months before the service went live, Anthony Grabiner QC told the English High Court.

Grabiner and Apple Corp. lawyer Geoffrey Vos QC made their concluding remarks this week following written and presented testimony from the likes of Apple Corp. chief Neill Aspinall and from Eddie Cue, head of Apple's iTunes and iPod division.

Apple Comp. argues that it uses its logo in conjunction with the service but not with the content. It says its logo disappears when users buy a song. It maintains ITMS hasn't infringed the 1991 agreement drawn up between the two companies to govern use of apple iconography because the service fits into the definition of what Apple Comp. can do.

Apple Corp., on the other hand, maintains that ITMS is all about selling recorded music, pure and simple, and that this puts the service within Apple Corp.'s sphere of operation. It wants the court to grant an injunction against Apple Comp. If it is successful, it is likely to pursue a request for damages, though Apple Comp. may very well appeal against a ban.

Indeed, Aspinall claims Apple Comp. CEO Steve Jobs attempted to buy the name 'Apple Records' in March 2003, offering $1m for it. Aspinall wrote in an affidavit that he rejected the offer. "I did not expect that Apple Computer would attempt to use the name 'Apple' and apple marks in connection with pre-recorded music," he wrote.

This, alleged Grabiner, despite Apple Comp.'s demonstration of ITMS to Apple Corp. officials two months previously.

At the end of yesterday's hearing, Justice Edward Mann, the presiding judge, said he would issue a ruling by the end of month. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Feast your PUNY eyes on highest resolution phone display EVER
Too much pixel dust for your strained eyeballs to handle
Samsung Galaxy S5 fingerprint scanner hacked in just 4 DAYS
Sammy's newbie cooked slower than iPhone, also costs more to build
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Leaked pics show EMBIGGENED iPhone 6 screen
Fat-fingered fanbois rejoice over Chinternet snaps
Report: Apple seeking to raise iPhone 6 price by a HUNDRED BUCKS
'Well, that 5c experiment didn't go so well – let's try the other direction'
US mobile firms cave on kill switch, agree to install anti-theft code
Slow and kludgy rollout will protect corporate profits
Rounded corners? Pah! Amazon's '3D phone has eye-tracking tech'
Now THAT'S what we call a proper new feature
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Sony battery recall as VAIO goes out with a bang, not a whimper
The perils of having Panasonic as a partner
NORKS' own smartmobe pegged as Chinese landfill Android
Fake kit in the hermit kingdom? That's just Kim Jong-un-believable!
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.