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Apple Lawyer: 'Even a Moron in a Hurry' Wouldn't Confuse Trademarks

Apple Computer attorney Anthony Grabiner on Thursday said 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. According to an Associated Press story by Jill Lawless, Mr. Grabiner pointed to the "distribution of digital entertainment content" as something that was permissible under the agreement previously crafted between the companies after Apple Corps' last lawsuit in 1991.

"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, according to Ms. Lawless.

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mrmgraphics said:

member since 05 Sep 2003 with 825 posts, unranked, send him a message or view his profile

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Bravo to Apple's attorney. I hope they nail the lid on these lawsuits once and for all. This is nothing more than an obvious money-grab, and all by the corporate entity of a group of musicians who sangs songs asking us to imagine a world without possessions. Nice one, guys. Your late bandmate John is at 7200 RPM right now in his grave.

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Tiger said:

member since 17 Jun 2003 with 1018 posts, unranked, send him a message or view his profile

A moron might get it, but what about Yoko Ono?

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Bosco said:

member since 03 Jun 2002 with 1002 posts, unranked, send him a message or view his profile

As a paid consultant (but non-member) of the Western Utah Society Of Hurrying Mormons (WUSOHM), I want to officially communicate The Society's outrage at these outrageous comments. The Society doesn't have any idea what this has to do with its members' religion or their fast pace. Perhaps the Apple lawyer has The Society confused with Scientologists on Meth (aka SOM)?!?

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A guest said: (hide)

Bosco wrote:
As a paid consultant (but non-member) of the Western Utah Society Of Hurrying Mormons (WUSOHM), I want to officially communicate The Society's outrage at these outrageous comments. The Society doesn't have any idea what this has to do with its members' religion or their fast pace. Perhaps the Apple lawyer has The Society confused with Scientologists on Meth (aka SOM)?!?

Isn't Senator Orin Hatch of Utah a published musician?

Anyway, Apple's lawyer Horace Rumpole (http://en.wikipedia.org/wiki/Horace_Rumpole) made a good point.

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A guest said: (hide)

Even a moron would know the take out coffee at McDonald's is hot! Morons still win settlements.

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A guest said: (hide)

Guest wrote:
Even a moron would know the take out coffee at McDonald's is hot! Morons still win settlements.

The McDonalds' coffee lawsuit was not frivilous. First, most states have laws that regulate the coffee temperature for both health and safety reasons. McDonalds broke the applicable State's ordinance by serving coffee that was substantially above the legal limit. You may expect coffee to be hot and be willing to take the chance of receiving minor burns if you spill it. You probably, however, would not expect it to peel your skin off if it spilled on you, as was the case in the McDonalds lawsuit.

Accordingly, McDonalds did not act as a reasonable person would, and thus it was appropraitely found liable for serving coffee that was too hot on the basis of it breaking the law.

The Apple suit is a contract suit, not a negligence suit. From my perspective, Apple Computer has a strong argument (although we are not privy to all the facts). I would simply argue 1) the contract clearly allows Apple Computer to sell digital data transmissions, and 2) does not allow Apple to sell physical tapes and CDs. If the contract was meant to restrict the sale of digital music transmissions, the contract could have stated that. It did not, so Apple Computer should win.

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A guest said: (hide)

Yeah, but not that hot!

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A guest said: (hide)

Guest wrote:
Guest wrote:
Even a moron would know the take out coffee at McDonald's is hot! Morons still win settlements.

The Apple suit is a contract suit, not a negligence suit. From my perspective, Apple Computer has a strong argument (although we are not privy to all the facts). I would simply argue 1) the contract clearly allows Apple Computer to sell digital data transmissions, and 2) does not allow Apple to sell physical tapes and CDs. If the contract was meant to restrict the sale of digital music transmissions, the contract could have stated that. It did not, so Apple Computer should win.

You're ALMOST right. Even if Apple (or iTunes in this case) did sell physical CD's and tapes, it's still only DISTRIBUTING content; record labels are content OWNERS and LICENSORS. Apple doesn't own the rights to the content it distributes, thus it isn't a record label. Case closed.

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A guest said: (hide)

It seems like it would be a lot less work to just allow Apple to sell their songs on iTunes to make them money. You know there are A LOT of people out there that would buy Beatles music. I mean talk about shooting yourself in the foot. They need to understand the times and that they are not going to sell nearly as many CDs now as they would songs on iTunes. If they allowed Aplle Computer to sell songs they would probably see an imediate inflow of money.

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A guest said: (hide)

The entities of "Apple Corps" and "Apple Records" are most likely totally meaningless (and therefore irrelevant) to anyone under the age of twenty-five. It's entirely probable that age could be extended to thirty years.

This is nothing but the desperate act of a one-time cultural icon to avoid becoming a footnote in history.

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jimothy said:

member since 04 Jun 2004 with 612 posts, unranked, send him a message or view his profile

Moron in a Hurry? Man, that's my favorite band!

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A guest said: (hide)

Mac users everywhere should just BOYCOTT idiotic greedy Apple Corps.

Hey, I like the Beatles as much as anyone, but there's plenty of other good music out there.

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