Apple & All That Jazz


Apple overcame a trademark opposition thanks, in part, to the Beatles.


Apple Corps was set up by the Beatles in 1968 and is still owned by Paul McCartney, Ringo Starr, and the widows of John Lennon and George Harrison.

Earlier this month, the US Trademark Trial and Appeal Board found in favor of Apple Inc. in a trademark battle between them and an American jazz musician, Charles Bertini. The Section 2(d) opposition to registration of APPLE MUSIC for various entertainment-related services was dismissed. 


Apple won the case, in part, thanks to the Beatles. 

In 2015 when Apple Music decided to take the first steps into the streaming business, they began the process of registering the trademark for the same name. However, in 2016 Bertini opposed the trademark registration in the US because he had been using the name "Apple Jazz" in shows and various musical projects since the 1980s. 


Bertini argued that Apple Music was too similar to Apple Jazz and that the two names would cause “consumer confusion.” Since the use of Apple Jazz pre-dated Apple Music’s application, it seemed that Bertini had a good case for the opposition. The heart of the case is who had first use of the “Apple” name in relation to music.

Here is how the Beatles come to play:


Apple Corps is owed by the Beatles and founded in 1978. Apple Corps and Apple Computer (now Apple Inc.) have a long history of trademark disputes but eventually settled in 2007. Terms of the settlement included that Apple Inc. would buy all the trademarks, reportedly for $500 million, belonging to Apple Corps and then license them back to the Beatle’s company.

Due to this settlement, Apple Inc was able to argue that it owned an “Apple” related music trademark that pre-dated Bertini’s Apple Jazz. While Bertini had a date of use of 1985, Apple Inc. showed it had a priority of 1968 because of their purchase of the Beatles record company that included a music related “Apple” trademark.

Wilson Legal Group has experience with Trademark Registration, Infringement, and Protection.  Visit Wilson Legal Group to read more or call for a free consultation.


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All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog. 


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