U.S. Appeals Court Blocks Apple Music Trademark Application
The U.S. Appeals Court has ruled against the American multinational company Apple Inc. rejecting its bid to register a
By : Legal Era
Update: 2023-05-06 01:30 GMT
U.S. Appeals Court Blocks Apple Music Trademark Application
The U.S. Appeals Court has ruled against the American multinational company Apple Inc. rejecting its bid to register a federal trademark for ‘Apple Music.’ The Court ruled in favor for a jazz musician who had challenged the tech giant’s application.
The U.S. Court of Appeals for the Federal Circuit refuted Apple’s argument that it had priority over trumpeter Charlie Bertini’s ‘Apple Jazz’ trademark rights based on its ownership of an earlier trademark from the Beatles' music label Apple Corps Ltd.
In 2015 Apple had launched its streaming service and applied the same year for a federal ‘Apple Music’ trademark covering several categories of music and entertainment services. Bertini opposed the application, arguing the name would cause confusion with the ‘Apple Jazz’ branding he had used since 1985 to advertise concerts.
It was acknowledged by both parties that consumers would probably be confused by Apple's mark. However, a U.S. Trademark Office panel decided in favour of Apple in 2021, asserting it had prior rights to the term based on a 1968 ‘Apple’ trademark for sound recordings it had acquired from Apple Corps in 2007.
The Court granted Bertini permission to oppose Apple's application for a federal Apple Music trademark that would have protected live concerts as well as a number of other trademarks uses.
Bertini’s Attorney, James Bertini, said they were pleased with the decision after a ‘long and difficult struggle.’
The Attorney said, “Perhaps this decision will also help other small companies to protect their trademark rights.”
The unanimous Federal Circuit panel reversed the decision to dismiss Bertini’s opposition. The panel was of the view that Apple could not ‘tack’ its trademark rights for live performances to the Apple Corps trademark for sound recordings, a different category of goods.
“Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application,” the Court observed.