"I find no breach of the trademark agreement has been demonstrated.... The action therefore fails."It puts a temporary end to the battle between both Apple(s), even though Apple Corps might appeal the case, and maintains its claim that Apple Computer has broken an agreement signed in 1991 and stating that they will not be two "Apple"-branded companies in music business.
"I think that the use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with the creative works themselves."
So chances of seeing Beatles' albums available on iTMS in the near future remain low; and the battle will probably go on, considering the money involved. As a reminder, in 1991 Apple Computer paid US$26 million to Apple Corps as part of their agreement.
JCJ
