CRUNCH TIME FOR APPLE

The IPKat is grateful to both Simon Haslam and Frank Jennings for pointing out that Apple Corp (the Beatles’ music company) has lost its court case against Apple Computer. The case concerned a settlement agreement whereby Apple Computer agreed not to use apples for music. Apple Corp argued that the use of apple imagery on iPod and iTunes breached the agreement. However, the BBC reports that Mann J disagreed, finding that the apple logo was used for Apple’s stores, not its music.



The report is a bit sketchy, but the IPKat is trying to square this finding with two facts: (i) in R v Johnstone, the person using the trade mark for the music was the record company, not the artist (though maybe what’s going on here is that Apple Computer is a third entity, separate from both the record company and the artist, sort of like a record store) and (ii) we allow trade mark registrations for retail services separate from the goods that those retailers are selling.
CRUNCH TIME FOR APPLE CRUNCH TIME FOR APPLE Reviewed by Unknown on Monday, May 08, 2006 Rating: 5

1 comment:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.