Apple Records vs Apple Computers

Digi-G · « **on:** 6 Oct 2005, 03:05 pm »

I heard just a brief snippet on the news the other night that iTunes won't be carrying any Beatles recorded music. Apparently there is a law suit going on between Apple Records (the company founded by the Beatles) and Apple Computers for name infringement.

Does anyone know any of the details of this? I assume Apple Records brought the suit against Apple Computers.

Can you say 'convergence'?

JohnnyLightOn · « **Reply #1 on:** 6 Oct 2005, 03:25 pm »

I don't remember the details, but it's probably a trademark dispute. Apple Records is not the strongest type of trademark, which would be a made-up name like Exxon. But it's the next strongest type, which is a common word used in a unique way. Apple Computer is a similar form of trademark.

Heretofore, Apple Computer was not involved with music, so Apple Records would not be able to successfully claim trademark infringement, the test for which is whether consumers might be confused about the origin of the products. Now, Apple Computer is a music distribution company, which hits too close to Apple Records' home.

PhilNYC · « **Reply #2 on:** 6 Oct 2005, 07:20 pm »

Here's more info:

http://www.mtv.com/news/articles/1478193/20030912/beatles.jhtml

PhilNYC · « **Reply #3 on:** 6 Oct 2005, 07:27 pm »

Here's two paragraphs about the lawsuit from Apple Computer's most recent 10Q SEC filing:

"Apple Corps Ltd. v. Apple Computer, Inc.; Apple Computer, Inc. v. Apple Corps Ltd.

Plaintiff Apple Corps filed this action on July 4, 2003 in the High Court of Justice, Chancery Division, in London alleging that the Company has breached a 1991 agreement that resolved earlier trademark litigation between the parties regarding use of Apple marks. Plaintiff seeks an injunction, unspecified damages and other relief. The Company filed a motion on October 13, 2003, challenging jurisdiction in the U.K. The Court denied this motion on April 7, 2004. The Company filed an appeal of the Court’s decision but subsequently withdrew the appeal. In November 2004, Apple Corps served the Company with an Amended Bill of Particulars and on December 23, 2004 the Company filed a Defence. Trial is set for the week of March 27, 2006.

On October 8, 2003, the Company filed a lawsuit against Apple Corps in the United States District Court for the Northern District of California requesting a declaratory judgment that the Company has not breached the 1991 agreement. Apple Corps challenged jurisdiction in the California case but the Court denied that challenge on March 25, 2004. Apple Corps subsequently prevailed on a motion to stay the California case during the pendency of the U.K. action. The Company has dismissed the California lawsuit without prejudice. "

Dan Driscoll · « **Reply #4 on:** 6 Oct 2005, 11:36 pm »

When Apple Computer became a name brand Apple Music filed a lawsuit, alleging trademark infringement. IIRC, the companies reached a negotiated settlement where Apple Computer would not do business in the music world and Apple Music would not do business in the computer world. If my recollection is correct, Apple Computer is in violation of that settlement.

I'm not a lawyer, but I think Apple Music has a legitimate suit. Apple Computer's music business has to be diluting the Apple Music trademark and causing confusion for at least some people.

Digi-G · « **Reply #5 on:** 11 Oct 2005, 03:03 pm »

Thanks for the info. I normally roll my eyes when I hear of one company suing another, but it'll be interesting to see the outcome of this one. I think Apple Records may have a point, but I don't see iPods or iTunes going away anytime soon.

konut · « **Reply #6 on:** 11 Oct 2005, 03:21 pm »

I usually stay away from these kinds of threads but my indignation has been tweeked. IF Apple Computers generated any unique music in the general marketplace then Apple corp MIGHT have a point. But the busiesses are just not related to anyone with even half a brain. If anyone is confused then they're JUST NOT PAYING ATTENTION! This reminds me of the suit that Spike Lee brought against Spike TV. IMHO, Spike Jones' relatives should have sued Spike Lee for a frivolous lawsuit.

SWG255 · « **Reply #7 on:** 11 Oct 2005, 10:09 pm »

Back in the late 70's when the Apple Macintosh personal computer came on the scene, I remember several wags suggesting that McIntosh Audio Labs should sue Apple Computer for trademark infringement. At that time it seemed the audio company was the larger "entity" in the marketplace, at least to audiophiles. Times have changed, and I'd bet Apple Computer could swallow up either Apple Records or could've swallowed McIntosh Audio labs (before they were purchased by the Japanese company)

Of course, I really don't think Apple Computers really wants to own a record label, but maybe Steven Jobs does.

PhilNYC · « **Reply #8 on:** 11 Oct 2005, 10:21 pm »

Quote from: SWG255

Back in the late 70's when the Apple Macintosh personal computer came on the scene...

FWIW, the Apple Macintosh was introduced in 1983 (with the first famous Super Bowl commercial, "1984")...

SWG255 · « **Reply #9 on:** 12 Oct 2005, 11:25 am »

OK, it wasn't the late 70's, but Apple began showing the Mac to local Apple user's groups over a year before the Super Bowl ad. I know because i attended one of these introductory demonstrations in early 1982. The machine being shown was a pre-production unit, but it was in the production chasis, with all the production team signatures engraved inside the plastic chasis cover. It was an amazing demonstration, nobody had ever seen a computer, let alone a PC, do what that Mac did during the demonstration. It didn't matter that it was in black and white, it was awesome.

In addition, when the Mac was announced, I was still selling audio, for a McIntosh dealer, which would have been mid-1982. I changed careers in November 1982 and was no longer selling audio equipment for a living by the time the Super Bowl ad aired.

So, we're in agreement, it wasn't the late 70's, but it was before the Super Bowl ad.

But then, I didn't respond to start a rather pointless debate, I apologize for my hastiness with the date of the Apple Mac's introduction in my previous post.

Quote from: PhilNYC

Quote from: SWG255
Back in the late 70's when the Apple Macintosh personal computer came on the scene...

FWIW, the Apple Macintosh was introduced in 1983 (with the first famous Super Bowl commercial, "1984")...

PhilNYC · « **Reply #10 on:** 12 Oct 2005, 11:30 am »

Quote from: SWG255

But then, I didn't respond to start a rather pointless debate, I apologize for my hastiness with the date of the Apple Mac's introduction in my previous post. ...

No worries...I'm just into trivia...