Apple Sues Apple, Again Unsuccessfully

The most recent clash of the two iconic apples - Apple Corps Limited, of Beatles' fame (Apple Corps) and Apple Computer Inc - over the field of use of the Apple trade-mark was recently resolved in London when the High Court dismissed the action brought by Apple Corps. Apple Corps had alleged that Apple Computer Inc had breached a 1991 settlement agreement in which Apple Corps retained the right to use an apple in relation to "creative works whose principal content is music," and Apple Computer Inc retained the right to use an apple for "goods and services… used to reproduce, run, play or otherwise deliver such content." For more details, see a recent issue of e-tips® (Vol 4, No 21, April 26, 2006, "Apple Sues Apple, Again"). Justice Anthony Mann of the Chancery Division of the High Court held that the use of the apple mark in relation to iTunes does not breach the settlement agreement because iTunes is merely a way of conveying music and does not affect the creation of the music itself. The Court held that iTunes was "a form of electronic shop" and the "use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with [the content,] the creative works themselves." Apple Corps has indicated that it plans to appeal. For the text of the decision, see: http://www.bailii.org/ew/cases/EWHC/Ch/2006/996.html For commentary on the decision, visit: http://news.bbc.co.uk/1/hi/entertainment/4983796.stm Summary by: Katharine McGinnis