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[steve ratcliffe]

Is anyone watching the very interesting case of Apple v Apple in the High Court, London. Two companies that in 1991 came to an agreement on a shared use of a mark, that is the Beatles music label and the latecomer Apple computers inc. Watch this one...

[steve ratcliffe]

http://blogs.guardian.co.uk/technology/archives/2006/03/28/apple_v_apple_in_uk_court.html

http://www.pcpro.co.uk/news/85549/apple-versus-apple-reaches-the-uk-high-court.html

http://www.dailyrecord.co.uk/news/tm_objectid=16879758&method=full&siteid=66633&headline=apple-v-apple-name_page.html

useful links to get some background

[steve ratcliffe]

Good ones I missed.

http://management.silicon.com/government/0,39024677,39157657,00.htm


http://www.legalweek.com/PrintItem.asp?id=21756

[JSonnabend]

I've been watching via the NYT.  From the sounds of it, it's more of a breach of contract (i.e., the settlement agreement) than anything else.

- Jeff

[steve ratcliffe]

I agree it has a basis in breach of contract, but the arguments revolve around the use of the mark and the proposition by apple computers that they dont sell music
"But the company behind the billion-selling iTunes site argue they only sell and transmit data, not actual music". You coundn't make it up (lol) where have we heard that excuse before ? . A few porkie pies already, this is going to be a fun argument.....

[Isaac]

What I read of the arguments (on admittedly a quick skim of a NYT article) is that Apple (the computer people) claims to be a distributor of music produced by others and not a producer of music.   Whether or not that argument is sufficient to place the matter both outside of the settlement agreement and to not create yet another losing trademark dispute, at least it does not seem quite so silly as digital music is not data.

[steve ratcliffe]

The last time these two (apple inc and apple corps) were in court it was for 100 days. I suggest that it will require an almost clinical approach by both legal teams, so we may look forward to some interesting and lengthy
arguments that may again reach that total. We are seeing digital discussions over an analogue contract perhaps ? .