Apple loses priority in “Apple Music” trademark registration

O United States Court of Appeals for the Federal Circuit today reversed a decision that gave Apple priority in the use of the brand “Apple Music” — which the company has been trying to register since 2015, when it launched its streaming service. The information is from Archyde.com.

For the past eight years, the Cupertino giant has dealt with musician resistance Charlie Bertini, owner of the brand “Apple Jazz” — registered in 1985 and used to publicize performances and festivals. According to him, the name of Apple’s streaming service can cause confusion with its brand.

As the Cupertino giant owns the right to the “Apple” brand in the distribution of music, the court decided, still in 2021, to give Apple priority in the case. The company, it is worth remembering, bought the brand in 2007 from Apple Corps — a company founded in 1968 by the famous British band The Beatles.

However, at a more recent hearing, the court unanimously reversed the decision, claiming that Apple cannot use the “Apple Music” trademark to advertise live performances, as the Apple Corps trademark does not cover that category. According to the judge Kimberly A. Mooreregistering a trademark “for a good or service does not guarantee priority over all other goods or services”.

The musician’s lawyer and brother, James Bertini, welcomed the decision and said the case has been a “long and difficult fight”.

Perhaps this decision will also help other small businesses protect their trademark rights.

Apple, for its part, has yet to comment on the case.

Apple Music has a catalog of more than 100 million songs and 30,000 playlists — many of them supporting Spatial Audio (Dolby Atmos) and in very high definition, with audio Lossless. For those who love classical music, there’s a dedicated app with over 5 million tracks, all in a streamlined interface! In Brazil, there are three types of subscription: University (BRL 11.90/month), Individual (BRL 21.90/month) is Familiar (BRL 34.90/month). If you are not a subscriber, you can try the service for free for one month. It is also part of the company’s Apple One subscription package.


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via AppleInsider

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