[funsec] Apple's lawyer: iTunes sells data, not music

[Richard M. Smith]

http://news.yahoo.com/s/nm/20060330/tc_nm/media_apple_dc_3

LONDON (Reuters) - Apple Computer (Nasdaq:AAPL - news) opened its defense in
London's High Court on Thursday against charges by the Beatles' company,
Apple Corps Ltd., that it had violated a 1991 trademark agreement by moving
into the music business. 
 
Apple Computer lead counsel Anthony Grabiner argued that the market-leading
iTunes music store was primarily a data transmission service, permitted by
the agreement.

"Data transmission is within our field of use," he said.

Apple Corps, owned by Paul McCartney, Ringo Starr, John Lennon's widow Yoko
Ono and the estate of George Harrison, has sued Apple Computer twice before.

The 1991 out-of-court settlement, which included a $26 million payment by
Apple Computer, set out areas in which each party would have exclusive use
of their respective fruit-shaped logos.

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