BEATLES  iTunes Two Apples

The Beatles' Apple claimed that Apple Computer breached their Trade Mark Agreement, signed in 1991. In 1991, the Two Apples had attempted to arrive at an agreement as to how they would each use their respective similar marks.
(Read the 1991 Trade Mark Agreement here: http://news.findlaw.com/hdocs/docs/apple/aclac100991tmagr.html )

When the dispute went to trial in 2006, Justice Mann in the UK sided with Apple Computer and iTunes, ruling that under the circumstances, no breach of the TMA had occurred.
(Read the entire 2006 decison here: http://www.bailii.org/ew/cases/EWHC/Ch/2006/996.html ).

"The claimant, whom I will call 'Corps', claims that the defendant, whom I will call 'Computer', has acted in breach of that agreement in circumstances arising out of the creation and operation of Computer's iTunes music download service.

"The primary reason there is no breach [of the TMA] is because there is no use of the logo in connection with recorded music for the purposes of the TMA.. the use is still a permitted use.. it is a use which permissibly associates the logo with the service, and it does not go beyond what is reasonable and fair in order to achieve that...

"The use of Corps' mark [the Beatles' Apple Corps logo] and the Computer mark [the Apple Computer, iTunes and iPod logo] is regulated by the important provisions of Clause 4 [of the TMA]:


'4.3 The parties acknowledge that certain goods and services within the [Apple Computer, iTunes and iPod] Computer field of use are capable of delivering content ...  In such case, even though [Beatles' Apple] Corps shall have the exclusive right to use... the [Beatles' Apple] Corps Marks on or in connection with content... [Apple Computer, iTunes and iPod] Computers shall have the exclusive right to use the... [Apple Computer, iTunes and iPod] Computer Marks on or in connection with goods or services... such as software, hardware or broadcasting services... used to reproduce, run, play or otherwise deliver such content provided it shall not use ... the [Apple Computer, iTunes and iPod] Computer Marks... in connection with physical media ... such as a compact disc...'

"Conclusion: In the circumstances I find that no breach of the TMA has been demonstrated. The action therefore fails."
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READ THE ENTIRE DECISION HERE: http://www.bailii.org/ew/cases/EWHC/Ch/2006/996.html
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Neutral Citation Number: [2006] EWHC 996 (Ch)
Case No: HC03C02428
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 08/05/2006
Before: MR JUSTICE MANN
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Between :
APPLE CORPS LIMITED
Claimant
- and -
APPLE COMPUTER, INC
Defendant
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MR. G. VOS Q.C., MR. D. ALEXANDER Q.C. and MR. R. MEADE (instructed by Eversheds LLP) for the Claimant.
LORD GRABINER Q.C. and MR. D. TOLEDANO (instructed by Freshfields Bruckhaus Deringer) for the Defendant.
Hearing dates: 29th, 30th, 31st March 2006, 3rd and 5th April 2006
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Category:

Music

Tags:

• beatles
• itunes
• ipod
• apple
• corps
• v.
• vs.
• versus
• computer
• trademark
• lawsuit
• two
• apples
• mac
• ad
• remastered
• john
• lennon
• paul
• mccartney
• george
• harrison
• ringo
• starr
• steve
• jobs
• advertisement
• commercial
• spoof
• parody

[wonka8880]

was this a real commercial?

[schillid]

@wonka8880,

Nothing is Real

[MissRandom79]

I like The Beatles apple better....

The Beatles Apple=REAL MUSIC

Apple's Apple=just music

AND THE BEATLES APPLE WAS FIRST!

[Q7R43]

@schillid Haha beatles Refrens!

[FRANGERSAL]

WTF?

[Msemospongebob]

THE BEATLES WERE FIRST AND WILL NEVER COMPARE!!!

[BEATLE909GRM]

yes beatles and apple corps was first

[MEXICANTHUNDER77]

what exactly was that?

[drrobertoboogie97]

@musicgal234 I think that's why Apple Records were named "Apple" in the first place. I think that idea came from Yoko Ono since she's Japanese.

[drrobertoboogie97]

@kelseyandearth Paul didn't sell the rights. The owning company of the song rights, ATV/Northern Songs, was going to be sold at an auction. And Paul was trying to buy that company. Paul and MJ were friends at the time, and Paul told him he was going to buy those rights. Then MJ bought the rights. That's what happened. Paul didn't sell the rights.

[drrobertoboogie97]

@Icanhasoboe Yeah, EMI sucks

[drrobertoboogie97]

@schillid And Nothing to Get Hung About