Jobs wins the battle of the Apples

Jobs wins the battle of the Apples

LONDON - Apple Computer has emerged the victor in the legal battle with the Beatles after Justice Edward Mann said he found no breach of trademark agreement. Apple Corps, which is the Beatles' main representative, had contended that Apple Computer was in breach of an agreement since it used the trademark logo to sell music.

"I find no breach of the trademark agreement has been demonstrated," Justice Edward Mann said. "The action therefore fails. I think the use of the apple logo is a fair and reasonable use of the mark in connection with the service.” Apple Corps had brought case against Apple Computer two times before the latest case and had even settled out-of-court in 1991 in a deal worth $26 million.

"We are glad to put this disagreement behind us. We have always loved The Beatles and hopefully we can now work together to get them on the iTunes Music Store," Apple founder Steve Jobs said after the current ruling. However Apple Corps said it plans to appeal.

“With great respect to the trial judge, we consider he has reached the wrong conclusion. We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement," said Neil Aspinall, manager of Apple Corps. "We will accordingly be filing an appeal and putting the case again to the Court of Appeal."

Even Apple Corps' legal counsel, Nicholas Valner was disappointed with the verdict, “This is a particularly disappointing decision. The judgment is curious. So much of what the judge says is right. It will be noted that he rejected pretty much every argument advance by Lord Grabiner QC for Apple Computer,” he said.