“Apple Computer won its courtroom battle against the Beatles on Monday when a judge ruled the company’s iTunes Music Store did not infringe on the trademark of Apple Corps, which represents the band’s interests,” Reuters reports. “Apple Corps — owned by Paul McCartney, Ringo Starr, John Lennon’s widow Yoko Ono and the estate of George Harrison — has fought several courtroom battles with Apple Computer over their competing fruit-shaped logos. A 1991 out-of-court settlement, which included a $26 million payment by Apple Computer, set out areas in which each party would have exclusive use of their respective logos.
“‘I find no breach of the trademark agreement has been demonstrated,’ Mr Justice Mann said in his judgment on Monday. ‘The action therefore fails. I think the use of the apple logo is a fair and reasonable use of the mark in connection with the service,’ Mann said, referring to a central argument of Apple Corps over the use of the Apple Computer logo within the iTunes Music Store,” Reuters reports. “Apple Corps said it would appeal the decision. Apple Computer was awarded court costs.”
“The Beatles are high-profile holdouts from Internet music services like iTunes, but it emerged during the trial that Apple Corps is preparing the band’s catalog to be sold online for the first time, according to a submission by Neil Aspinall, managing director of Apple Corps and a former Beatles road manager. ‘We are glad to put this disagreement behind us,’ Apple Chief Executive Steve Jobs said. ‘We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store.’ A spokeswoman for Apple Corps said that no decision had been made on when the Beatles’ songs would be available to purchase online.”
Full article here.
“Apple Corps must pay its rival’s legal bill, estimated at £2m, but the judge refused an interim payment of £1.5m pending further hearings,” The Beeb reports. “Apple Corps manager Neil Aspinall said: “With great respect to the trial judge, we consider he has reached the wrong conclusion. ‘We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement. We will accordingly be filing an appeal and putting the case again to the Court of Appeal.'”
Full article here.
“With appeals of this kind generally unsuccessful, however, Apple Corps likely need even more than a little help from its friends if it wants to win next time around,” Parmy Olson writes for Forbes today.
The Times Online has the Apple Corps v Apple Computer judgement in full here.
MacDailyNews Take: Monday morning turning back… Pick up the bags and get in the limousine… Step on the gas and wipe that tear away, one sweet dream came true today.* Can’t wait for the appeal, although you’d think that by now, The Beatles would be smarter to just Let it Be.
[*Can anyone name The Beatles song from whence the quoted lyrics sprang?]
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Justice.
It’s about time. Suck it, Yoko!
So, Apple Corp certainly won’t be ‘Glad all over’ ho ho!
How often are appeals successful over there?
Beatle who…wha?
About time there was some common sense about this issue. Who confuses Apple Corps with Apple Computer and iTunes? Beatles on iTunes next week? LOL!
No wonder they lost. Their logic was ‘Here, there and everywhere’.
They should have just ‘Let it be’.
What a pleasant surprise!
Gawd those green ads are tacky.
Suck it Yoko indeed!
All this effort has got them absolutely ‘Nowhere Man’.
The lyrics are from my song “You Never Give Me Your Money”. That hack Lennon had nothing to do with this tune. I’m a genius, except in court.
MDN the song is
“You Never Give Me Your Money”
How can a band so innovative in the 60’s be so useless today? Their music is JUST NOW getting updated for distribution on the web.
That’s forward thinking.
Hey Yoko…
“Oh that Magic Feeling….Nowhere to go”.
Honest! MDN Magic Word: Let……Too easy
As for an appeal – can they win it? ‘That’ll be the day’!
damn!
Im glad the judge has seen who is actually creating in a proactive way, and who is living on the past success of a great band.
Lyrics from Abbey Road.
You Never Give Me Your Money
I know it’s common practice but Apple Corps has to pay Appl’s court costs. Ha Ha! That’s gotta be a pretty hefty bill. Doesn’t that include their lawyers also?
“You Never Give Me Your Money”
The judge’s name is Justice Mann? How cool is that?
Opps! I meant to say, “Lyrics from Abbey Road Medely.”
Billy Bob,
Its only common practice to have to pay the other party’s legal costs in the UK and other countries that follow that form of law. In the US it is UNcommon. For personal suits it almost never happens and even in business deals it only happens if it is a contract dispute between the parties (rare) or if a specific law provides for it (more rare). A loser pays system like this would, in some circumstances, make people less suit happy and more likely to weigh their case before going to court.
And this was a British court that ruled against Apple Corps.
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They should have filed in Los Angeles, celebrities get better treatment in L.A. courts.