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Beatles' label to appeal against High Court verdict

Judge got it wrong, music company claims

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Apple vs Apple Apple Corporation has confirmed it will appeal against today's English High Court verdict favouring Apple Computer. The Beatles-owned company clearly doesn't agree with Apple Comp. CEO Steve Jobs that the "disagreement" should now be "put behind" the two companies.

Mr Justice Anthony Mann this morning ruled that Apple Comp. had not violated the terms of a 1991 trademark usage deal by selling digital music downloads through the iTunes Music Store. The online shop, he said, was a service permitted by Section 4.3 of the 1991 agreement reached by both Apples:

"The parties acknowledge that certain goods and services within the Apple Computer Field of Use are capable of delivering content within the Apple Corps Field of Use. In such case, even though Apple Corps shall have the exclusive right to use or authorise others to use the Apple Corps Marks on or in connection with content within subsection 1.3(i) or (ii), Apple Computer shall have the exclusive right to use or authorise others to use the Apple Computer Marks on or in connection with goods or services within subsection 1.2 (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorise others to use the Apple Computer Marks on or in connection with physical media delivering pre-recorded content within subsection 1.3(i) or (ii) (such as a compact disc of the Rolling Stones music)." (our italics)

However, in a statement, Apple Corps. manager Neil Aspinall said: "With great respect to the trial judge, we consider he has reached the wrong conclusion... We will accordingly be filing an appeal," Macworld UK reports.

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

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