Apple Corps Ltd v Apple Computer Inc

Apple Corps Ltd v Apple Computer Inc

Corps established a good arguable case that the contract was made in England (or both England and California), and that English law governs the contract due to its closer connection with England. England is the proper forum for the dispute.

Parties
Claimant: Apple Corps Limited; Defendant: Apple Computer, Inc
Jurisdiction
England and Wales
Judgment Date
07 April 2004
Procedural Posture
Commercial Contract Dispute / Ruling on Jurisdictional Challenge to Service Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Governing Law, Trademark Agreements, Forum Conveniens
Commercial Law Conflict of Laws Intellectual Property Jurisdiction Governing Law Trademark Agreements Forum Conveniens

Case Brief

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Parties

Apple Corps Limited

Claimant

Apple Computer, Inc

Defendant

Procedural Posture

Commercial Contract Dispute / Ruling on Jurisdictional Challenge to Service Out of Jurisdiction

Legal Issues

  1. 1 Was the contract made in England?
  2. 2 Is the contract governed by English law?
  3. 3 Is England the proper forum for the claim?

Ratio Decidendi

Corps established a good arguable case that the contract was made in England (or both England and California), and that English law governs the contract due to its closer connection with England. England is the proper forum for the dispute.

Court Disposition

Application dismissed

Orders

  • England is the proper forum for the claim.
  • Service out of jurisdiction is valid.