The apple of your iTunes
Chicago Tribune: What's in a name? You should never ask a trademark lawyer that question unless you have time to spare.
Two similarly-named companies, Apple Computer Inc. and Apple Corps Ltd., the Beatles' record label, are back in court for the latest twist in their long and winding road to settle a dispute over their similar trademarks that dates to the late 1970s.
Money, to quote the Fab Four; is what they want.
At issue is whether the Cupertino, Calif., computer company's name and logo on its online store iTunes cause the public to think it is backed somehow by the British music company.
The two companies struck a deal in 1981 that allowed the British music label to use the logo for music and performances, and Apple Computer to use it for computers and software.
But 10 years later that deal was rendered as obsolete as bangs on boys when Apple -- the California varietal -- introduced software for composing and playing music with computers.
Get back, said Apple Corps. In essence, Apple Corps said Apple Computer was providing music, not just computers and software. The computer company paid $26.5 million under a new settlement agreement in 1991.
Time and technology have marched on. Apple Computer's iTunes store, on which Beatles songs are conspicuously absent, is an affront to fairness and to that 15-year-old deal, says Apple Corps.
We have here a clash between yesterday's good intentions (we almost said good vibrations, but the Beach Boys aren't involved) and today's then-unanticipated technologies. Having conceded the obvious similarities in their trademarks, the two companies are left to battle over how old points of agreement should apply to new circumstances.
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