Tech Shout!

In the war between the two Apple’s, namely Apple Corporation, which is the Beatles’ recording company and Apple Computers, the latest news says that the former Apple has failed to impress upon the English High Court that the latter company is a violation of a 1991 deal struck by the two companies to define their respective business domains.

Today morning, Justice Edward Mann ruled that the apple logo governed by the agreement had been applied to ITMS and not to the music sold through the online store. As such, Apple Comp. had not violated the terms of the deal. “I find no breach of the trademark agreement has been demonstrated,” the judge said in his ruling. “The action therefore fails.”

He denied Apple’s Corp.’s request for a ban blocking the operation of ITMS.

The two Apples came to court in March. During the hearing, Apple Corp. advocate Geoffrey Vos QC admitted the fight was about logos, not music per se: “Apple Computer can go into the recorded music business in any way they want,” he said. “What they cannot do is use Apple [trade]marks to do it.”

Speaking for Apple Comp., Anthony Grabiner QC said his client had demonstrated ITMS to Apple Corp. officials months before the online store was launched to the public. Apple Corp. had not complained at the time, he said.

Apple Comp. fought back stating that it uses its logo in conjunction with the service not with the content, a line of reasoning with which Justice Mann clearly concurs. Grabiner demoed the service in court to demonstrate that claim.

Apple Corp.’s response to the ruling is not yet known, but it remains open to the company to appeal against the verdict.