"Conclusion: In the circumstances I find that no breach of the TMA has been demonstrated. The action therefore fails." -- Mr. Justice Mann
"The primary reason there is no breach [of the Trade Mark Agreement, or TMA, dated 9th October 1991. ( http://news.findlaw.com/hdocs/docs/apple/aclac100991tmagr.html )] 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 :
'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 Corps Marks on or in connection with content... [Apple Computer, iTunes and iPod] Computers shall have the exclusive right to use... the 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 Computer Marks... in connection with physical media delivering pre-recorded content... 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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See: 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
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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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Introduction
This is a claim for breach of an agreement made between the claimant and the defendant in 1991 in which they sought to arrive at an agreement as to how they would each use their respective similar marks. 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. At this stage of the trial I am asked to determine liability only. If I determine that question in favour of Corps any damages or other financial compensation will be determined at a separate inquiry; whether any, and if so what, injunction is necessary or appropriate will also be dealt with once liability is determined.
The Parties
As is widely known, Corps is the record company synonymous with the Beatles. It was incorporated as The Beatles Limited on 20th June 1963. On 4th December 1967 it changed its name to Apple Music Limited and on 9th February 1968 it changed its name again to its present name. From that time at the latest the apple mark, both in the sense of the word and as a graphic symbol, became an important part of its business. Its symbol was a sideways view of a whole apple. On 19th March 1968 the first apple trade mark was registered. Corps owned, and still owns, the rights to a large number of Beatles recordings, and extensive other rights both in relation to the Beatles and in relation to other artists. For many years its principal activity has been the continued exploitation of those rights in a variety of ways which it is not necessary for me to go into...
Computer was founded in 1976. It is the well known computer and software house. It started producing computers (the Apple I and II) at the end of the 1970s and has continued to develop computers and software ever since. While it has had nothing like the market share of Windows-based computers, its market share in the personal computer market is nonetheless significant and it has large numbers of devotees. It too has adopted apple marks, including the word "Apple" and a stylised apple with the bite taken out of it. Its own marks have been important to it in the development of its business...
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READ MORE AT: http://www.bailii.org/ew/cases/EWHC/Ch/2006/996.html
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I LOVE THE BEATLES :)
palitodepan123 2 years ago 16
that is so awesome! the beatles rule!
knifeWRENCHsTuDiOs 3 years ago 8