The trial opened on 29 March 2006 in England, before a single judge of the High Court. In opening arguments, a lawyer for Apple Corps stated that in 2003, shortly before the launch of Apple Computer’s on-line music store, Apple Corps rejected a US$1 million offer from Apple Computer to use the Apple name on the iTunes store.
On 8 May 2006 the court ruled in favour of Apple Computer, with Mr Justice Mann holding that “no breach of the trademark agreement
The Judge focused on section 4.3 of that agreement: :4.3 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 authorize others to use the Apple Corps Marks on or in connection with content within subsection 1.3(i) or (ii) [the Apple Corps catalogue and any future music], Apple Computers [sic] shall have the exclusive right to use or authorize others to use the Apple Computer Marks on or in connection with goods or services within subsection 1.2 [Apple Computer Field of Use] (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorize 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).
The Judge held Apple Computer’s use was covered under this clause.
In response, Neil Aspinall, manager of Apple Corps, indicated that the company did not accept the decision: “With great respect to the trial judge, we consider he has reached the wrong conclusion,” and announced that it would “be filing an appeal and putting the case again to the Court of Appeal.” The judgment orders Apple Corps to pay Apple Computer’s legal costs at an estimated UK£2m, but pending the appeal the judge declined Apple Computer’s request for an interim payment of UK£1.5m.
The verdict spawned the Wrong Guy incident on BBC News 24, in which a job applicant mistakenly appeared on air after he was confused with computing expert Guy Kewney.
On 5 February 2007, Apple Inc. and Apple Corps announced a settlement of their trademark dispute under which Apple Inc. will own all of the trademarks related to “Apple” and will license certain of those trademarks back to Apple Corps for their continued use. The settlement ends the ongoing trademark lawsuit between the companies, with each party bearing its own legal costs, and Apple Inc. will continue using its name and logos on iTunes. The settlement includes terms that are confidential, although newspaper accounts at the time stated that Apple Computer was buying out Apple Corps' trademark rights for a total of $500 million U.S.
Commenting on the settlement, Steve Jobs, Apple’s CEO said, “We love the Beatles, and it has been painful being at odds with them over these trademarks. It feels great to resolve this in a positive manner, and in a way that should remove the potential of further disagreements in the future.”
Commenting on the settlement on behalf of the shareholders of Apple Corps, Neil Aspinall, manager of Apple Corps said, “It is great to put this dispute behind us and move on. The years ahead are going to be very exciting times for us. We wish Apple Inc. every success and look forward to many years of peaceful co-operation with them.”
An announcement in April 2007 that Apple Corps had settled another long-running dispute with EMI (and that Neil Aspinall had retired and been replaced by Jeff Jones) further fueled media speculation that The Beatles’ catalogue would appear on iTunes.
In early September 2007, an Apple press release for the new iPod touch, related iPod updates, and iPhone price cut was entitled “The Beat Goes On”, the title of the Beatles’ last press release before splitting up. Although Beatles content was still unavailable from the iTunes store, each Beatle’s solo work could be accessed and downloaded on this service. Paul McCartney was quoted in Rolling Stone as saying that their catalogue would be released through iTunes in the first quarter of 2008, but this did not happen until 2010.
Category:Apple Corps Category:Apple Inc. litigation Category:English case law Category:High Court of Justice cases Category:2006 in case law Category:2006 in the United Kingdom
fr:Contentieux entre Apple Corps et Apple Computer ja:アップル対アップル訴訟This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
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