decision pending appeal, of course.
WSJ.com - Judge Rules Apple Computer May Use Apple Logo on iTunes LONDON -- Apple Computer Inc. is entitled to use the apple logo on its iTunes Music Store, a judge ruled Monday, rejecting a suit filed by Apple Corps Ltd., the guardian of The Beatles' commercial interests.Apple Corps, which contended that the U.S. company had broken a 1991 agreement in which each agreed not to enter into the other's field of business, said it would appeal.
Judge Edward Mann ruled that Apple Computer used the fruit logo in association with the store, not the music, and thus did not breach the agreement.
“I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work,” Mr. Mann said in his written judgment. “I think that the use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with the creative works themselves.”
...In his brief statement, Mr. Jobs said he hoped the ruling would help rectify that situation: ``We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store.''
Lawyers for Cupertino, Calif.-based Apple Computer had argued that it was conducting its business legally and that music lovers are smart enough to tell the difference between the logos. Apple Corps uses a shiny green apple as its logo, while Apple Computer has a cartoon-like apple with a neat bite taken out.
I guess the judge in this case is not a moron in a hurry.
