The U.S. Court of Appeals for the Federal Circuit rejected Apple’s argument that it had precedence over trumpeter Charlie Bertini’s “Apple Jazz” trademark rights primarily based on its possession of an earlier trademark from the Beatles’ music label Apple Corps Ltd.
The court docket allowed Bertini to dam Apple’s bid for a federal Apple Music trademark protecting stay performances and several other different trademark makes use of Apple sought to safe.
Bertini’s lawyer, his brother James Bertini, stated they had been happy with the choice after a “long and difficult struggle.”
“Perhaps this decision will also help other small companies to protect their trademark rights,” the lawyer stated.
Representatives for Apple didn’t instantly reply to a request for remark.
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Apple launched its streaming service in 2015 and utilized the identical 12 months for a federal “Apple Music” trademark protecting a number of classes of music and leisure providers. Bertini opposed the applying, arguing the identify would trigger confusion with the “Apple Jazz” branding he had used since 1985 to promote live shows. Both sides agreed that Apple’s mark would seemingly confuse customers. But a U.S. Trademark Office tribunal dominated for Apple in 2021, discovering it had earlier rights to the identify primarily based on a 1968 “Apple” trademark for sound recordings it bought from Apple Corps in 2007.
A unanimous Federal Circuit panel reversed the choice to dismiss Bertini’s opposition Tuesday. It stated Apple couldn’t “tack” its trademark rights for stay performances to the Apple Corps trademark for sound recordings, a distinct class of products.
“Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application,” the court docket stated.
The case is Bertini v. Apple Inc, U.S. Court of Appeals for the Federal Circuit, No. 21-2301.
Source: economictimes.indiatimes.com