Apple vs. Apple trial begins | iLounge News

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Apple vs. Apple trial begins

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The Beatles’ Apple Corps and Apple Computer faced off in court on Wednesday in the first day of their trademark battle over the Apple logo and the iTunes Music Store. “Apple Computer can go into the recorded music business in any way they want. What they cannot do is use Apple (trade)marks to do it,” Apple Corps counsel Geoffrey Vos said in his opening presentation. Vos said the use of the Apple logo on the iTunes Music Store is a violation of a previous agreement.

In a courtroom with computers and at least one iPod, Vos demonstrated the iTunes Music Store experience by downloading a song and playing it for Justice Edward Mann. Vos said Apple’s logo is “intimately associated with the process” of buying a song. The Apple Corps lawyer also played a TV ad with Coldplay that featured the logo.

Vos said that Apple Computer’s argument that it uses the logo only in connection with a delivery system was “plainly wrong.” “What Apple Computers are not doing (when) using the Apple mark is selling software, delivery systems, or anything of the like. They are selling music,

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Comments

21

Apple corp needs to get a life. This is what happens when lawyers try to justify there jobs.

Even if you could find some one who may get confused by Apple Corp (Beatles) vs, Apple Corporation (Apple Computers), aside from being out-of-touch with comtemporary issues, what is the damage sustained by Apple Corp? The misguided idea that Paul McCartney makes computers?

Please.

Posted by Todd on March 29, 2006 at 6:15 PM (CST)

22

Todd, one of the jobs of lawyers is to protect the viability of contracts. This is done, in part, by lawyers helping parties to vindicate their rights under those contracts. Otherwise, you’re left with the court of public opinion, which yields an uncertain and unreliable result (see posts above). Which party is correct? The answer depends on the contract itself. Anyone who claims an opinion without access to the contract simply doesn’t know what they’re talking about.

Posted by elo on March 29, 2006 at 7:46 PM (CST)

23

Thanks ELO You hit the nail on the head! And if it were about the money, why hasn’t the Beatles used their songs in comercials? Yes, I know Beatle songs have been used but not sung by them. Always sung by someone else.  Remember, they don’t have total control of their song catalog, just if the song contains the Beatles singing or playing.  :-)

Posted by JPMac on March 29, 2006 at 9:20 PM (CST)

24

>Someone needs to tell Apple Corps that no one knows who they are and could really care less about them,Teens certainly don’t<

>>Well if most of today’s teens got a better musical education they might actually care, and just because you don’t know who or what something is does’nt negate it’s validity. <<

No kidding nosedive. You’re just flat out lying. I’m a teen and I know who Apple Corps is. And I hate it when people are like “I’ve never even heard of this” or “Have you ever done that?”. We’re all different and we’re all very not special. Our personal actions have nothing to do with these things.

And I’m still waiting for Michael Jackson to pop into court and tell them he has something to do with this…

Posted by fitz on March 30, 2006 at 1:16 AM (CST)

25

Tchocky get your facts straight. The only thing apple got from xerox was the design for the first mouse, and they got it because XEROX DIDNT WANT ANYTHING TO DO WITH COMPUTERS. Xeroxs big dogs in charge didnt want it, so it was passed on to apple. Their loss.

Posted by Mike Loverly on March 30, 2006 at 9:23 AM (CST)

26

Shhh…I ate an apple today while listening to the Beatles on my iPod.

Posted by mowrong on March 30, 2006 at 9:53 AM (CST)

27

Hey all you knuckleheads! The APPLE logo was INVENTED by John,Paul, and George, not to mention Ringo.
When you invent something and TRADEMARK it. IT’s YOURS! If others infringe upon it then you have to fight it in court.
If all the facts are indeed true and Apple computers did in fact sign this agreement with Apple records then a lot more then just sales from Apple I-pods are on the block…
I am old enough to remember thinking, “Apple computers…hmmm, what about the name Apple Records?”
Looks like its all going to bear fruit! hehe
FWIW in about 1976 I seem to remember the Beatles disolving Apple for 245 million $$$$$$$$$ a truely epic number for the times…

Posted by Jeff Sanders on March 30, 2006 at 6:25 PM (CST)

28

Jeff Sanders, I don’t think they invented the logo, seeing as it is nothing more than a photograph of an apple. A logo isn’t a photograph. A logo is defined as: a symbol or other small design adopted by an organization to identify its products, uniforms, vehicles, etc.

Secondly, Apple Corps’ logo is very much different than the Apple Computers logo, which is an apple with a bite taken out of it. Additionaly, the original logo was multicolored and looked nothing like the Apple Corps’ one.

Thirdly, Apple Corps is a money hungry, lawsuit-happy company. They tried to sue Apple before because their operating system could make sounds that were musical in nature. You can’t justify that as being a true concern.

Nobody is getting these two companies mixed up, and truthfully, if anybody should be concerned about the mix-up it should be Apple Computers, who is worth a whole lot more.

Posted by jelloburn on March 31, 2006 at 1:20 PM (CST)

29

Apple Corp vs Apple Computer is no different than Lexis/Nexus vs Toyota over the Lexus line of luxury cars or the Beretta Firearms vs GM over the Baretta car.

You will take note of the differences in spellings, the totally different lines of business the different companies are involved in.  You should also take note that in the above 2 cases the car companies who were trying to use a similar name both “lost” their cases but an agreement was used where the offending parties were allowed to use those names in an agreed upon manner.  Both Lexis/Nexus and Beretta have long histories, many people might not know them but they have very good reputations and couldn’t afford the risk of Toyota or GM potentially messing with it.  They also had to protect their copyright, if they didn’t defend it then they could lose it.

A trademark is a trademark is a trademark.  Apple Computer was taken to court by Apple Corps. twice since their inception.  The first time they made an agreement where Apple Computer could use the Apple name.  Then abotu 12 years ago Apple Computer was taken to court once again, this time they were told not to get into the anything to do with music.  Now they are being taken to court once again because they have gotten into the music business.  Apple Computer doesn’t have a leg to stand on.

Apple Computer defends their products and patents to the fullest extent of the law and in so doing is clearly saying to the world not to mess with them.  Then why continue to mess with Apple Corp when you have already made 2 previous agreements and broken them each and every time?  Do they not stop other companies from make clones of their machines?  Anyone remember when they did and then pulled the plug?  What would Steve Jobs have done if someone created a company with a similar name to NeXt or Pixar?  Would he have not tried to stop/fight them?  Darn right he would have.

Larry

Posted by spdrcr5 on April 3, 2006 at 11:08 AM (CDT)

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