More on Apple vs. Apple

[mdlbear]

According to El Reg, their 1991 agreement, Apple Comp. has the right to use their apple trademark for "electronic goods, including but not limited to computers, microprocessors and microprocessor controlled devices, telecommunications equipment, data processing equipment, ancillary and peripheral equipment, and computer software of any kind on any medium... data processing services, data transmission services, broadcasting services, telecommunications services, [and] ancillary services relating to any of the foregoing, including without limitation, training, education, maintenance, repair, financing and distribution". Their iTunes service would seem to fall squarely under "data transmission services" and "distribution".

On the other hand, Apple Corps gets to use their trademark for "any current or future creative works whose principal content is music and/or musical performances; regardless of the means by which those works are recorded, or communicated, whether tangible or intangible". So that gives them control over music distribution.

See the problem? They're both right. A highly unstable situation, especially when large amounts of money are involved.