Apple Computer wins in Apple v. Apple case

Apple Computer Inc. has prevailed in its case regarding logo use in iTunes against Apple Corps.

High court judge Edward Mann delivered his judgment at 10.30 a.m. London time Monday, ruling in favor of Apple Computer.

The Beatles’ business affairs company, Apple Corps, had accused Apple Computer of breaking a 1991 agreement in its use of the Apple logo in association with what it regards as music-related products, the iPod and iTunes.

The British company, still owned by former Beatles Paul McCartney and Ringo Starr, along with the widow of John Lennon and the estate of George Harrison, wanted to win an injunction to prevent Apple Computer using the apple logo in connection with its iPod and iTunes products.

The judge didn’t agree. Mann said that the association between the logo use and the download service is a “proper one”, and that the logo was clearly used in relation to the service, not to the music.

“The primary reason there is no breach (of the 1991 deal) is because the use of the logo is still a permitted use as described in clause 4.3 of the 1991 agreement,” the judge declared.

Apple Computer had defended its use of the logo in association with its music products, as being simply data transmission, which is allowed under clause 4.3 of the 1991 agreement.

The judge agreed with the defense, and said that Apple Computer’s use of the logo in association with its products “does not go beyond what is reasonable and fair.”

Lawyers representing Apple Corps have asked the judge to grant them leave to appeal against his decision. Apple Computer meanwhile is demanding at least £1.5 million in fees from Apple Corps.

Apple Corps has now issued a statement, confirming it plans to appeal against the decision.

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