Apple misplaced a bid to register a part of a federal trademark for “Apple Music” on Tuesday after a US appeals courtroom dominated for a jazz musician who challenged the tech big’s utility.
The US 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.
The courtroom allowed Bertini to dam Apple’s bid for a federal Apple Music trademark protecting reside performances, one among a number of trademark makes use of Apple sought to safe.
Bertini’s lawyer, his brother James Bertini, stated they have 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.
Apple launched its streaming service in 2015 and utilized the identical yr for a federal “Apple Music” trademark protecting a number of classes of music and leisure companies. Bertini opposed the appliance, arguing the title would trigger confusion with the “Apple Jazz” branding he had used since 1985 to promote concert events.
Both sides agreed that Apple’s mark would probably confuse shoppers. But a US Trademark Office tribunal dominated for Apple in 2021, discovering it had earlier rights to the title primarily based on a 1968 “Apple” trademark for sound recordings it bought from Apple 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 reside performances to the Apple Corps trademark for sound recordings, a unique 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 courtroom stated.
The case is Bertini v. Apple, US Court of Appeals for the Federal Circuit, No. 21-2301.
© Thomson Reuters 2023
