A lawyer for Apple Computer on Wednesday defended the company‘s right to use the apple logo on its iTunes Music Store and in a series of TV advertisements for iTunes, despite objections from the Beatles‘ Apple Corps recording label.
The British company, started by the Beatles in 1968, argues Apple Computer has infringed on its territory by entering into the music business, and is seeking to force Apple Computer to drop its apple logo from iTunes and pay unspecified damages.
Anthony Grabiner, a lawyer for Apple Computer, said Wednesday that advertisements featuring musical acts U2, Eminem and Coldplay were entitled to display the apple logo because they were promoting the iTunes store and its download services and not the music itself."Apple Computer has the exclusive right to use the apple mark on such a broadcast, if used to indicate the source or origin of the hardware and downloading services mentioned in the advert," he said.
Grabiner has rejected Apple Corps‘ claim that the tech company‘s iTunes Music Store violated the trademark agreement.
Grabiner has said the "distribution of digital entertainment content" was permitted at Apple Computer under the agreement.
He said Wednesday that Apple Computer had breached the 1991 agreement by providing a "seamless integration of hardware, software and music."
Vos has argued that while Apple Computer is entitled to produce programs like iTunes, it should stay out of the music business if it uses the logo, a cartoonish apple with a neat bite out of its side.
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