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Beatles bite dust in Apple suit
08/05/2006 12:13 - (SA)
London - Apple Computer Inc is entitled to use the apple logo on its iTunes Music Store, a judge ruled on Monday, rejecting a suit filed by Apple Corps Ltd, guardian of The Beatles' commercial interests.
Apple Corps contended that the computer company had broken a 1991 agreement in which each agreed not to enter into the other's field of business.
But Judge Edward Mann ruled that the apple logo was used in association with the store, not the music, and thus was not a breach.
Lawyers for US-based Apple Computer had argued that it was conducting its business legally and that music lovers are smart enough to tell the difference between the logos.
Apple Corps uses a shiny green apple as its logo, while Apple Computer has a cartoon-like apple with a neat bite taken out.
Lawyers for each side tussled during the hearing over advertisements for iTunes featuring musical acts U2, Eminem and Coldplay, using the logo.
The judge confessed early on that he owned an iPod.
The 1991 agreement ended previous lengthy litigation over the logo. Apple Computer told the court that it paid the Beatles' company $26.5m as part of the 1991 out-of-court settlement, and in return had received "a considerably expanded field of use".
The terms of the deal were kept confidential at the time.
Apple Corps was started by the Beatles in 1968 and is still owned by Paul McCartney, Ringo Starr, the widow of John Lennon and the estate of George Harrison.
Cupertino, California-based Apple Computer was formed in 1976, when college dropouts Steve Jobs and Steve Wozniak filed partnership papers on April Fools' Day.
Their ubiquitous iPods first came out in October 2001 and the iTunes music store opened for business in the US in April 2003; it is now available across Europe, in Australia, Japan, and Canada.
- Dow Jones
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