08/05/2006

Beatles lose Apple trademark battle

The Beatles have lost their High Court battle against Apple Computer over its iTunes music download service.

The Beatles' Apple Corps accused the US firm of breaching a trademark agreement by selling music via the iTunes website.

However, Mr Justice Mann ruled against the Beatles' company, which had demanded multi-million-pound damages over the alleged breach.

The row centred on the use of the apple image - Apple Corps uses a green Granny Smith apple as its logo, while Apple Computers uses an apple with a section removed from the side.

In 1991, Apple Corps - which is owned by Sir Paul McCartney, Ringo Starr and the widows of John Lennon and George Harrison - was awarded exclusive rights to use the apple trademark for the music business. Apple Computer would be allowed to use the image for the computer industry.

The latest battle centred on the launch of the iPod and the iTunes website, which Apple Corps argued, breached the terms of the ruling.

Around a billion tracks have been sold worldwide through iTunes.

During the trial, Geoffrey Vos QC, representing Apple Corps, demonstrated how to download songs via iTunes. He downloaded Chic's 1978 disco hit 'Le Freak' and pointed out how many times the 'apple' logo appeared on the screen during the process.

According to reports, Apple Corps will now take the case to the Court of Appeal.

(KMcA)

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