Apple VP Cue takes stand

Apple Computer on Monday defended the comapny's right to use the Apple logo in conjunction withe sales from its iTunes Music Store. Apple Computer executive Eddy Cue took the stand in the ongoing lawsuit filed by The Beatles’ record company for allegedly breaching a trademark agreement. Cue, vice president of iTunes at Apple Computer, sought "to deflect Apple Corps’ charge that the computer company violated a 1991 agreement that it would stay out of the music business," according to CIO Magazine. Cue admitted that iTunes carries "temporarily exclusive" songs, but said that the practice was no different from other services. Apple Corps lawyer Geoffrey Vos used the opportunity to confirm that iTunes offered exclusive music via iTunes, negating Apple's argument that it is merely using the Apple logo in conjunction with a data transfer service. Last week, Apple Computer argued that "any moron" could distinguish between the use of the logos by iTunes and Apple Corps, the Beatles' recording company.

Earlier, Vos had called an expert to show that Apple Computer converts its music files to a proprietary format to restrict how the files are used, further downplaying Apple Computer's stance that its iTunes is simply a broadcast service.

Apple Corps is seeking an injunction that would bar Apple Computer from using the logo in connection with music sales, according to the report. "If granted, Apple Computer may have to remove the trademark from advertisements and software that use it in connection with the Music Store. The record label could then pursue damages against Apple Computer, a potentially expensive thrust."

by MacNN Staff