Apple sues Apple

[mdlbear]

That's Apple Corps vs. Apple Computer. For the third time!

Sir Paul McCartney and Ringo Starr, the two surviving members of the band, and the widows of John Lennon and George Harrison are suing Steve Jobs of Apple over the use of the apple logo.

According to Apple Corps, a company set up in 1968 to release the Beatles' songs and manage their creative affairs, Mr Jobs broke an agreement to stay out of the music business when he launched the iTunes music store.

Geoffrey Vos, QC, representing Apple Corps, said a Trade Mark Agreement in 1991 gave the company exclusive right to use "apple" marks for the record business.

In return Apple Computer had exclusive right to use "apple" marks for the computer, data processing and telecommunications industry.

Comments

[aerowolf.livejournal.com]

...and they waited this long to assert their rights /why/? I think the legal doctrine of estoppel applies?

It was originally more a "whoda thunk it" problem

[capplor.livejournal.com]

When Apple computer started out, the idea that computer music would be big business wasn't on anyone's mind.

However, at this point (and after the last lawsuit) I wouldn't think anyone into computers OR music would get confused which was which.

But then I'm just a regular human of some amount of sense, not a lawyer.

Re: It was originally more a "whoda thunk it" problem

[mdlbear]

Its more a matter of conflict than confusion: you get a trademark for a particular class of product. Apple Corps has the trademark for music, and Apple Computer (a relative latecomer) has the trademark for computers. Now Apple Computer is selling music, so they're quite properly in trouble.

They can get out of trouble by taking the "bitten apple" logo off the iTunes website, and paying damages for having done it in the first place when Apple Corps had already put them on notice.

[mdlbear]

Estoppel does not apply -- Apple Corps has already won two prior trademark infringement suits against Apple Computer. This is the third in a series, so you'd think Jobs and company would have learned by now.