Apple: iTunes doesn’t violate trademark agreement

In the second day of the Apple Corps vs. Apple Computer case, lawyers for Apple Computer said iTunes does not violate a trademark agreement the companies signed in 1991 and that it has rights to distribute digital music. Apple Computer lawyer Anthony Grabiner said the “distribution of digital entertainment content” was allowed under the agreement, adding that “even a moron in a hurry” could tell the difference between iTunes and a record label like Apple Corps.
“Data transmission is within our field of use. That’s what (the agreement) says and it is inescapable,” he said. Grabiner said no “reasonable person” would assume that Apple Computer created the 3.5 million songs on its iTunes Music Store. “It’s obvious that the content comes from a wide variety of content providers,” he said. “It’s obvious that Apple Computer is not the source or origin of the content.”

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