A tale of two apples
I suppose I shouldn’t let today go by without noting the Guardian’s article about the latest trademark battle between Apple Corps and Apple Computer. At the nub of the dispute is whether Apple Computer is violating its agreement not to use the Apple trademark in the field of recorded music. Apple Corps’ barrister, Geoffrey Vos QC, made the following compelling point:
Permanent downloads are the new CDs. It cannot be credibly suggested that they are materially different to other forms of recorded music delivered to the public in permanent form.
If the final decision rests on this issue, then the outcome of this case could prove to be a defining moment, not just for Apple and Apple, but for the whole online, digital era and the future of cyberculture.
There are plenty of other accounts of the case online, and also a copy of the judgement on jurisdiction (i.e. where the case should be heard), courtesy of the Courts Service. It’s interesting to note that Apple Corps’ barrister wins almost every point.