Apple Computer Triumphs in Beatles Lawsuit (NewsFactor)

The iTunes online music store can sport Apple's logo. So ruled the High Court in London on Monday after finding that the hardware manufacturer has not infringed on Apple Corps' trademark.

Justice Edward Mann ruled that Apple Computer's use of its logo in connection with iTunes was not a breach of an out-of-court settlement brokered with Apple Corps some 15 years ago.

Mann found that iTunes was a "form of electronic shop" and that the company was not making an attempt to brand the actual recordings offered on the site. "I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work," Mann wrote in the judgment.

One Bad Apple

The Beatles' Apple Corp began using an image of a green Granny Smith apple on recordings produced by the label in the late 1960s. In 1976, Apple Computer began to use a cartoon-like white apple missing a small bite from its side. That move spawned several rounds of litigation.

Earlier this year, Apple Corps -- the recording label now owned by Paul McCartney, Ringo Starr, John Lennon's widow Yoko Ono, and the estate of George Harrison -- filed suit claiming that the inclusion of Apple Computer's logo on iTunes violated a settlement the two companies had reached in 1991. In that settlement, Apple Computer had paid Apple Corps $26.5 million.

Silicon Apple

With the ruling today, Apple Corps loses all claims to the tens of millions it had sought in remuneration for damages. Apple Corps plans to file an appeal immediately.

"We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer has broken the agreement," said Neil Aspinall, manager of Apple Corps. "We will accordingly be filing an appeal."

Lawyers for Apple Computer maintained throughout the trial that the company was operating within the terms of the 1991 agreement and that users of iTunes were savvy enough to be able to differentiate between the two logos, despite their similarities.

Apple CEO Steve Jobs said that the company is "glad to put this disagreement behind us," and left the door open to work with Apple Corps. "We have always loved The Beatles, and hopefully we can now work together to get them on the iTunes Music Store," said Jobs.

http://us.rd.yahoo.com/