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Beatles' Apple sues Jobs' Apple over iTunes

OUT-LAW News, 16/09/2003

Apple Corps, the London-based record label behind The Beatles, has sued Apple Computer, arguing that the iTunes music service recently launched by Steve Jobs' company infringes its trade mark.

When Apple Computer founder Steve Jobs named his company after his favourite group, he soon found himself facing a trade mark infringement lawsuit. The 1981 case was resolved out of court, when Apple Computer paid an undisclosed amount to Apple Corps, and agreed to restrict the use of his brand to computer products only.

In 1989, Apple Corps again sued Apple computer, this time over the company's use and sale of music related software. The case settled in 1991 with a payment of $27 million and another restrictive agreement.

According to Wired News, Apple Corps, founded in 1968, is currently owned by Sir Paul McCartney, Ringo Starr, Yoko Ono and the estate of George Harrison.

A statement released by Apple Corps confirmed that the latest lawsuit is over "the use by Apple Computer of the word 'Apple' and apple logos in conjunction with its new application for downloading pre-recorded music from the internet".

When Apple Computer launched iTunes in April it quickly became the most successful fee-based service to date for authorised music downloads and to date has sold more than 10 million songs. The company has now responded to Apple Corps' complaint.

According to CNet News.com, Apple Computer said:

"Over a decade ago, Apple signed an agreement with Apple Corps, a business controlled by the Beatles and their heirs, which specified the rights each company would have to use the 'Apple' trademark. Unfortunately, Apple and Apple Corps now have differing interpretations of this agreement and will need to ask a court to resolve this dispute."

 

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