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Apple lawyer gives closing arguments, defends right to logo
During his closing arguments in the Apple vs. Apple case today, Apple Computer lawyer Anthony Grabiner defended the company’s right to use its logo on the iTunes Music Store and in ads for the service. Grabiner said ads featuring U2, Eminem and Coldplay were entitled to use the Apple logo because they were promoting the iTunes store and not the music itself. “Viewers aren’t ignorant people, but… have significant understanding of what Apple Computer does and the object of the exercise, accepted by people watching, was to get the benefit of the download,” Grabiner said. “Apple Computer has the exclusive right to use the apple mark on such a broadcast, if used to indicate the source or origin of the hardware and downloading services mentioned in the advert.”
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1
Apple Computer, barring any good behind-the-scenes bribework, seems to be the the one fighting an uphill battle here. Apple Records, despite being a really lathargic and oblivious company, managed to get Apple Computer to settle & fork over money on this issue *twice*, before Jobs and company even touched the distribution of music. Apple seems to have screwed themselves by placating these people in the past…
Posted by MiloBloom on April 5, 2006 at 9:59 AM (PDT)
2
Hmm, seems to me you need to read a bit more about what is public about the second agreement before you make pronouncements like that.
It looks like this time, Apple Computer is on the better end of the agreement, and it is Apple Corp that is having an overly liberal reading. This is probably why Apple Computer agreed to consolidate the two lawsuits into the one in G.B., where they would be normally at a disadvantage.
Posted by terry chay on April 5, 2006 at 3:41 PM (PDT)
3
Apple has the rights cos they’re more well known. Whoever heard of Apple Records? If Apple Records is arguing that they are misleading consumers by using the apple logo on music products, the argument just falls flat cos no one knows what Apple Records is.
Posted by theMan on April 5, 2006 at 10:59 PM (PDT)
4
There are loads of people who know who Apple Records are, and who they represented. Only morons, children and septics will have no knowledge of Apple Records.
Posted by Bogdragon on April 6, 2006 at 5:50 AM (PDT)
5
I wouldn’t go quite THAT far. But I would say that people born after, say, 1980, probably wouldn’t know who/what Apple Corps is.
Posted by Jeff on April 6, 2006 at 7:51 AM (PDT)
6
Does/Did Apple put out any records outside of Beatles Albums?
Posted by fez whatley on April 6, 2006 at 12:23 PM (PDT)