Apple Computer Wins Battle With Beatles

Reuters

LONDON (May 8) - Apple Computer is not liable for trademark infringement against Apple Corps, the music company owned by the Beatles , a judge in London's High Court ruled on Monday.

Apple Corps, owned by Paul McCartney, Ringo Starr , John Lennon 's widow Yoko Ono and the estate of George Harrison , argued the computer company had violated a 1991 trademark agreement by moving into the music business through its market-leading iTunes online store.

Apple Computer argued in court hearings in London earlier this year that iTunes was primarily a data transmission service, which is permitted by the agreement.

The 1991 out-of-court settlement, which included a $26 million payment by Apple Computer, set out areas in which each party would have exclusive use of their respective fruit-shaped logos.

"I find no breach of the trademark agreement has been demonstrated," Mr Justice Mann said in his judgment. "The action therefore fails.

Apple Corps said it would appeal the decision, while Apple Computer was awarded court costs.