Apple Tradmark Suit Ready for Next Phase

Testimony in the Apple v Apple trademark case may wrap up as early as Wednesday, and the move on to the Judge for a decision. Depending on the decision, Apple Corps could then ask for damages against Apple Computer. Apple Corps contends that Apple Computer is violating an agreement from 1991 that prevents the computer maker from using the Apple logo in association with selling music.

Apple Corps, the label created to protect the business interests of The Beatles, claims that Steve Jobs once stated he named his computer company after the recording label, and that he offered to buy Apple Corps for US$1 million in 2001. According to Digit, Neil Aspinall of Apple Corps said the he rejected the offer.

Eddie Cue, Apple Computer’s vice president of iTunes, testified that the iTunes Music Store does not use the Apple logo to advertise and sell music. He said “I think it is used in connection with the service, not the content.”

If British Justice Edward Mann rules against Apple Computer, Apple Corps could ask for monetary damages, but it is unlikely that it would attempt to shut down the online music and video download service.

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