A lawyer representing Apple Computer Inc. wrote off the infringement lawsuit against the company by The Beatles' Apple Corps as ridiculous.
Apple Computer attorney Anthony Grabiner said on Thursday in court that even a moron in a hurry could tell the difference between his company's logo and the one used by The Beatles' Apple Corps.
The core issue of the Apple versus Apple lawsuit arises from litigation filed in the early 90's by Apple Corp. alleging that Apple Computer's stylized apple trademark infringed upon its own. The case was settled in 1991 with an out-of-court settlement, with Apple Computer agreeing to pay $26.5 million, and with an agreement to stay out of each other's business fields.
However, Apple Corp's attorney, Geoffrey Vos, argued that Apple Computer's iTunes music distribution business was flatly contradictory to the provisions of this agreement. Consequently, the suit seeks to stop Apple from using its logo in iTunes, as well as recoup damages.
Apple Computers feels that the suit is misguided however, and that distribution of digital entertainment content is permissible under the earlier agreement between the two companies.
Data transmission is within our field of use. That's what [the agreement] says and it is inescapable, Mr. Grabiner explained. It's obvious that the [iTunes Music Store] content comes from a wide variety of content providers. It's obvious that Apple Computer is not the source or origin of the content.
The trial, which started on Wednesday, is expected to last at least five days.