Apple Corps Ltd. v Apple Computer, Inc [2006] EWHC 996 (Ch) (08 May 2006)

Apple Corps Ltd. v Apple Computer, Inc [2006] EWHC 996 (Ch) (08 May 2006)

The court held that Apple Computer's use of its marks in connection with the iTunes Music Store did not constitute a breach of the 1991 Trade Mark Agreement. The judge found that the use of the Apple logo was in connection with the software and service (the iTunes platform and store), not directly with the music...

Source-derived case information.

Citation
[2006] EWHC 996 (Ch)
Parties
Claimant: Apple Corps Limited; Defendant: Apple Computer, Inc
Jurisdiction
England and Wales
Judgment Date
08 May 2006
Procedural Posture
Commercial Contract Dispute (breach of Settlement/trademark Agreement) / Trial Judgment on Liability Only
Outcome
Claim dismissed
Legal Topics
Interpretation of Settlement Agreements, Trademark Field of Use, Breach of Contract, Use of Marks in Digital Content Delivery
Contract Law Intellectual Property Law Trademark Law Interpretation of Settlement Agreements Trademark Field of Use Breach of Contract Use of Marks in Digital Content Delivery

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Parties

Apple Corps Limited

Claimant

Apple Computer, Inc

Defendant

Procedural Posture

Commercial Contract Dispute (breach of Settlement/trademark Agreement) / Trial Judgment on Liability Only

Legal Issues

  1. 1 Whether Apple Computer's use of its marks in connection with the iTunes Music Store constitutes a breach of the 1991 Trade Mark Agreement with Apple Corps
  2. 2 Proper construction of 'on or in connection with' in the context of digital music delivery services
  3. 3 Whether Apple Computer's activities fall within its permitted field of use or infringe Apple Corps' exclusive rights to music content

Ratio Decidendi

The court held that Apple Computer's use of its marks in connection with the iTunes Music Store did not constitute a breach of the 1991 Trade Mark Agreement. The judge found that the use of the Apple logo was in connection with the software and service (the iTunes platform and store), not directly with the music content itself. The agreement permitted Apple Computer to use its marks in relation to electronic goods and data transmission services, even where those services delivered music content, provided the marks were not used on physical media delivering pre-recorded content. The court concluded that the activities of Apple Computer fell within its permitted field of use and did not...

Court Disposition

Claim dismissed

Orders

  • Claim for breach of the Trade Mark Agreement is dismissed.
  • Liability is determined in favour of Apple Computer, Inc.