updated 10:10 am EST, Thu March 30, 2006
Apple rejects Apple claims
Apple today argued that virtually any "moron" could distinguish between its iTunes music distribution service and Apple Corps, the Beatles' record label. Lawyers for Apple asserted the company's right to distribute music through its iTunes music store, rejecting claims by Apple Corps Ltd. that doing so violated a 1991 trademark agreement, according to The Associated Press. Apple Computer's lawyer Anthony Grabiner said the "distribution of digital entertainment content" was permitted under the agreement, in which the two companies promised not to tread on the other's sphere of business, saying that "even a moron in a hurry" could distinguish between the computer company's online music business and a record label like Apple Corps. "Data transmission is within our field of use. That's what [the agreement] says and it is inescapable," he said. Yesterday, Apple Corps' lawyer Geoffrey Vos had said Apple Computer's music distribution business "was flatly contradictory to the provisions of the agreement."