Apple Corps Ltd. v Apple Computer, Inc

Apple Corps Ltd. v Apple Computer, Inc

The use of Apple Computer's marks in connection with the iTunes Music Store and related advertising was a fair and reasonable use in connection with its data transmission service, not in connection with music content as reserved for Apple Corps under the TMA. Clause 4.3 operates to permit such use, and no breach of the TMA was demonstrated.

Parties
Claimant: Apple Corps Limited; Defendant: Apple Computer, Inc
Jurisdiction
England and Wales
Judgment Date
08 May 2006
Procedural Posture
Commercial / Judgment on Liability
Outcome
Claim dismissed
Legal Topics
Trade Marks, Contract Interpretation, Breach of Agreement
Contract Law Intellectual Property Trade Marks Contract Interpretation Breach of Agreement

Case Brief

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Parties

Apple Corps Limited

Claimant

Apple Computer, Inc

Defendant

Procedural Posture

Commercial / Judgment on Liability

Legal Issues

  1. 1 Whether Apple Computer breached the Trade Mark Agreement (TMA) by using its marks in connection with music content via iTunes Music Store
  2. 2 Proper construction of 'on or in connection with' in the TMA
  3. 3 Effect and interpretation of clause 4.3 of the TMA

Ratio Decidendi

The use of Apple Computer's marks in connection with the iTunes Music Store and related advertising was a fair and reasonable use in connection with its data transmission service, not in connection with music content as reserved for Apple Corps under the TMA. Clause 4.3 operates to permit such use, and no breach of the TMA was demonstrated.

Court Disposition

Claim dismissed