"Apple Computer can go into the recorded music business in any way they want.
What they cannot do is use the Apple trademark to do it," Apple Corps counsel
Geoffrey Vos said in his opening statement.
Vos argued that the
Apple
Computer logo is "intimately associated with the process" of buying a song
from the iTunes Music Store.
He also played a TV ad featuring British band
Coldplay, which
prominently displayed the logo.
Apple Corps is seeking a judgement of liability and an injunction against
Apple Computer. If successful, a subsequent trial will assess damages.
A settlement in 1991 resulted in a $26m payment by Apple Computer and an
agreement to limit the use of its Apple trademark in the music business.
The implications of that deal are now in dispute. Apple Computer said in a
statement before the trial: "Unfortunately, Apple [Computer] and Apple Corps now
have differing interpretations of this agreement and will need to ask a court to
resolve this dispute."
Apple Computer has become a huge force in the music industry, selling almost
14 million iPods and over one billion songs from the
iTunes Music Store.
Apple Corps, meanwhile, has refused to license any Beatles recordings for
sale through online music services. The hearing continues.
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