APPLE TO APPLE?
Some of you may remember Donald Trump's settlement with the Trump Card Playing Company (manufacturers of playing cards) wherein "The Donald" managed to license what he argued was his name for undisclosed fees. Now comes news from London that Apple Computer won its courtroom battle against The Beatles. I wish I could sing Yeah, Yeah, Yeah! However, a judge ruled the company's iTunes Music Store did not infringe on the trademark of Apple Corps. That familiar "Green Apple" trademark (above) belongs to the company formed by The Beatles to represent the band's interests.
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I'm certainly not a legal scholar, but exactly why the disco hit "Le Freak" was played in London's High Court by Apple Corps to argue that the computer company had violated a 1991 trademark agreement by moving into the music business baffled me. Even if I might agree with them!
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Apple Computer has sold millions of iPods and more than a billion song downloads.Their lawyer cleverly argued that iTunes was primarily "a data transmission service and permitted by the agreement".
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The Beatles are truly the so-called holdouts from Internet technology music services like iTunes. But who can blame Neil Aspinall (a former road manager for "The Fab Four") from throwing down the gauntlet while preparing the band's catalog to be sold online for the first time only to learn that Apple Computer had planned to offer their music via the iTunes Music Store?
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"We are glad to put this disagreement behind us," Apple Chief Executive Steve Jobs said. "We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store."
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A spokeswoman for Apple Corps said that no decision had been made on when The Beatles' songs would be available to purchase online.
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Apple Corps - is owned by the two surviving Beatles: Paul McCartney and Ringo Starr along with John Lennon's widow Yoko Ono and the estate of George Harrison. Several courtroom battles with Apple Computer over their competing fruit-shaped logos have been fought in the past and as a result, an agreement was drawn up in a 1991 out-of-court settlement, which included a $26 million payment by Apple Computer. The Judge said "I find no breach of the trademark agreement has been demonstrated. The action therefore fails."
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Apple Corps said it would appeal the decision and Apple Computer was awarded court costs. Only one thing is certain. We'll always have music from "the boys" who came to America on a cold February day in 1964 at JFK Airport and won the hearts of millions here in the U.S.A. forever!
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posted by Michael Manning @ 12:05 AM
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13 Comments:
The work that Neil Aspinall is doing at the moment is not to prepare The Beatles music for download, but for re-release on CD (and probably other high resolution formats) in remastered versions.
He has however said that the music would probably not be released for download until this work has finished, so that the best possible versions will be the ones offered for download.
Kind of makes me glad I'm not in the record business. Maybe I need a logo so I can sue somebody later?
Money for the future generation?
I LOVE The Beatles. I cannot wait for their music to be available on iTunes. I'm sure it's only a matter of time before it is.
At least the music will never die...
How're you doing, Mikey?
Im sure with the way that music is downloaded through the internet these days its only a matter of time before they allow i tunes to make their music available.
Thomas: How well I remember seeingthe movie "Let It Be" and the band's last official performance ever on the rooftop of Apple in January 1969!
Tricia: If I make a CD, can I use you for the cover?
Sarah: That's because you have cool tastes! Aren't they the Greatest?
Keri: Well, I'm back on 1220 AM this Friday at 11:35 E/T in Sarasota so that's a thumbs up. Hope to get my computer out of the fix-it shop today!
The Old Lady: I agree!
Hi Michael - thank you I am very well!! Loving your page - sorry I don't comment much, I mean to - lovin' Steve McQueen - very very cool!
Hope you are well x x x
Gee, I need to look for a logo for when we do Charley's music. But it's our own recording company, so I don't think it will be a problem.
And there's a bunch of people whom I blog with that will get some recognition inside of the sleeve. And guess what? You are one of them, my friend. That's because you inspire me. Much Aloha and (((HUGS)))
Ahhhhhhhh Sarasota!~~ Lido Beach? Siesta Keys?~~ lovely place~ home of Ringling Brothers Circus. *sigh* I always wanted to join the circus ;)
Just stopping by to say hello and letting you know you're thought of. Now isn't that sweet???! ;)
i'm not a beatles fan at all, never really got into them, so i won't be downloading anything by them. i'm in canada, we can download free, legally.
just dropped in to say thanks for dropping by indigo's QOTD while she's on holidays.
Wondy Woman: Great to hear from you. Hope you are having fun!!
Kelly: I don't live there yet, but I'll be on wibq News/Talk 1220 this Friday morning at 11:35 AM. I just read an old magazine article on Regis Philbin and how he was kicked around for 16-17 years on both coasts before Kathie Lee came along. Now he has the best gig in television! But no, still here making the best of it in the Midwest!
Better Safe Than Sorry: Hi! Thanks for your note!!I respect everyone's musical tastes. What music do you enjoy?
Apple has been around for years, why did it take them until now to sue?
Becky: Because the action from Apple Computers occurred just as Apple Corp was preparing their catalogue and they felt they took a direct hit. It is on Appeal. I will say that Yoko is one sharp businesswoman and were it not substantive, she wouldn't be involved. It's heartbreaking to me that John and George are gone. I still can't quite comprehend that. But I'm relieved someone is looking after their lives of hard work earned from hard knocks.
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