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On Apple vs Apple

Since nothing else really interesting is happening, here is a CNN story about Apple vs Apple where you can read about the latest developments in the latest round of the never ending court battles as two bazillion dollar companies fight over who gets to use the word 'Apple' to sell music.

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  1. it's a contract dispute, not trademark by nyquil+superstar · · Score: 5, Interesting

    It's a shame to see the comments thus far. There are the usual appologists, "Apple (Computer) can do no wrong!" and some decent guessing, but without the terms of the contract to inspect, everything happening is speculation on the behalf of readers.

    My understanding from what I have read is this is not a trademark dispute, but rather a contract dispute, which will be governed by different aspects of the law. There are some important unanswered questions:
    1. What are the material terms of the contract?
    2. What was the duration of the contract? US law requires a finite duration, otherwise it's valid for a "reasonable" amount of time (How's that for vague!).

    If I permit myself to do some speculation, I'd suspect Apple Comp is treading on dangerous ground. They know and have known this, hence the contract in '92. It's not a tough argument to make for Apple Corp. We, Apple, sell music. They, Apple, sell music. See the confusion? Apple Corp, was there first and had first use and trademark. Most any lawyer ought to be able to make that argument successfully. But this isn't about the trademark, it's about the details of that contract, which I haven't seen in the article.

    And a note to the applogists: I don't think Apple Corp is doing anything wrong. They have an established business that predated Apple computer. They are attempting to enforce the esisting contract with Apple Comp. Good for them, everyone should be held to their word.

  2. Re:"MacTunes" by artemis67 · · Score: 4, Interesting

    Except that their largest audience is on the WINDOWS platform.

    Naming products isn't the problem, since it's not called the "Apple Music Store" but the "iTunes Music Store"; the problem is Apple's ownership of it.

    Feasibly, Apple Computer could spin off iTunes and the iPod into a separate business. Hovever, the Apple Computer brand is one of the most recognizable in the world, with many millions having been spent on building brand awareness, so it's worth fighting to keep it an Apple-branded product.

    It also helps to position future Apple-branded products, because of the success associated with iTMS.