Feeds

Apple beats Beatles

High Court dismisses breach-of-agreement claim

Build a business case: developing custom apps

Apple vs Apple Beatles recording company Apple Corporation has failed to persuade the English High Court that Apple Computer's iTunes Music Service is a violation of a 1991 deal struck by the two companies to define their respective business domains.

This morning, Mr Justice Anthony Mann ruled that the apple logo governed by the agreement had been applied to ITMS and not to the music sold through the online store. As such, Apple Comp. had not breached the terms of the deal.

He denied Apple's Corp.'s request for an injunction blocking the operation of ITMS.

The two Apples came to court in March. During the hearing, Apple Corp. advocate Geoffrey Vos QC admitted the fight was about logos, not music per se: "Apple Computer can go into the recorded music business in any way they want," he said. "What they cannot do is use Apple [trade]marks to do it."

Speaking for Apple Comp., Anthony Grabiner QC said his client had demonstrated ITMS to Apple Corp. officials months before the online store was launched to the public. Apple Corp. had not complained at the time, he said.

Apple Comp. argued that it uses its logo in conjunction with the service not with the content, a line of reasoning with which Mr Justice Mann clearly concurs. Grabiner demoed the service in court to demonstrate that claim.

Apple Corp.'s response to the ruling is not yet known, but it remains open to the company to appeal against the verdict. ®

The essential guide to IT transformation

More from The Register

next story
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
End of buttons? Apple looks to patent animating iPhone sidewalls
Filing suggests handset with display strips
One step closer to ROBOT BUTLERS: Dyson flashes vid of VACUUM SUCKER bot
Latest cleaner available for world+dog in September
Samsung Gear S: Quick, LAUNCH IT – before Apple straps on iWatch
Full specs for wrist-mounted device here ... but who'll buy it?
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Now that's FIRE WIRE: HP recalls 6 MILLION burn-risk laptop cables
Right in the middle of Burning Mains Man week
Apple's iWatch? They cannae do it ... they don't have the POWER
Analyst predicts fanbois will have to wait until next year
Tim Cook in Applerexia fears: New MacBook THINNER THAN EVER
'Supply chain sources' give up the goss on new iLappy
Reg man looks through a Glass, darkly: Google's toy ploy or killer tech specs?
Tip: Put the shades on and you'll look less of a spanner
prev story

Whitepapers

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.
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.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.