Tuesday, March 5, 2019
Apples Eat Themselves, Law421
Article Review LAW 421 March 25, 2013 University of capital of Arizona Material Article Review Format Guide MEMORANDUM UNIVERSITY OF genus Phoenix DATE March 25, 2013 TO Timothy Morris FROM Debra Aguilar, Brady Benton, Karena Busch, Stephanie Hudson, and Rachel Wichert RE orchard apple trees Eat Themselves ARTICLE digest A review of the legal battles between apple, a computer accomp altogether and orchard apple tree, a record company, are discussed in this term. Both share a similar logo (an apple) and since 1991, the companies have gone to court to claim the orchard apple tree logo should only be unique to one company.In 1991 the woo hold for each company to continue to use the apple logo scarcely now, the record company has accused the computer company of not conforming to the terms of the agreement. In 1980, George Harrison noticed an apple in an ad for computers. He thought this infringed upon apple, the Beatles Record company denounce and filed match. In 1981, ap ple information processing system agree to stay surface of the music concern. In 1991, Apple potbelly. filed lawsuit against Apple computing device for trademark infringement again and settled out of court for 26. 5 million dollars. The two companies divided up the apple universe, indicating where each could use the apple symbol.In 2001, Apple computer introduced online iTunes Music investment firm which had a huge impact on the music retail industry. In 2003, Apple Corp. again sued Apple Computer stating music was being stolen from them. Apple Computer was protected because downloads of music are comprised of digital data, and the distribution of digital entertainment content is permitted in the 1991 agreement. Apple computer, now looking from the new(prenominal) side of the dispute, may have resultant roles protecting its own trademark because of real legal action that would force them to share copyright protection software with other companies.The Computer Giant would be forced to make downloads interchange on their site playable on any device, not that its own iPod products. This would result in wide open competition, something Apple Computer has not faced before. The reason Apple Corp sued Apple Computer over thirty years ago was to protect its trademark, and now Apple Computer may find itself in the same situation. LEGAL make love Apple Corp and Apple Computer have had their share of trademark issues. Its been about thirty years that Apple Corp and Apple Computers litigated a dispute involving the use of the Apple name as a trademark and its association with music.In 1978 Apple Corp filed a law suit against Apple Computers (Apple Inc) for trademark infringement and eventually agreed to a solvent about two years later with Apple Computer paid out a mass amount to Apple Corps. The legal issue Apple Corps raised is that Apple Computer is involved in the music business and that in the 1991 agreement Apple Computer agreed to stay away from the lead recording industry, committing trademark infringement. In 2001 Apple computer released the iPod as a hardware device that stub be used to download and play software like music from iTunes.ITunes was released in 2003. Apple Corps claims that Apple Computer is involved in the sound recording industry by the use of the iPod and the music downloads from iTunes that is in usurpation of the 1991 agreement in which Apple Computer would not have any business dealings that had to do with the sound recording industry. The High courtyard ruled that, The Apple Computer hadnt breached the terms of the agreement and could continue to enmesh their computer business as usual. (BBC News, 2006). For years Apple Inc has battled with Apple Corp over trademark issues.In 2007, they finally reached a settlement that determined Apple Inc. would own all trademarks and logos related to the name Apple and would authorize them accordingly to the Apple Corps music company (Tibken, 2012). During the time of the agreement, Apples CEO Steve Jobs commenting on the settlement stated We love The Beatles, and it has been unspeakable being at odds with them over these trademarks. Jobs added that it feels great to resolve this in a positive manner, and in a way that should remove the strength of further disagreements in the future. MANAGERIAL PERSPECTIVE The legal issues in this article can affect the business deeply. The main factor is the loss they can occur in sales due to the music company manifestation they are not following the specify they have put forth. This shows customers and throng of the world that their company is not trust worthy in all aspects of their business. In many circumstances this can stop people from purchasing their products until the situation is over and they find out the truth. The issue is that it could take weeks or months to finish the lawsuit.The problems that have happened with Apple the computer company could have been avoided if they took the proper feelings allocated in their agreement with Apple the music company. The first step they should have taken was to sit down and have a business meeting with the representatives from the music company and explain to them what they wanted to do so that the contract could be altered. Instead they did it without coming to an agreement first, which disrespected the music company. de jure this is what should have happened so that the contract was followed and no one broke the contract illegally.References Macklem, K. (2006, Apr 10). Apples eat themselves. Macleans, 119, 30-30. Retrieved from http//search. proquest. com/docview/218528830? accountid=35812 Tibken, S. (2012). Apple now officially owns Beatles Apple Corps logo. Retrieved from http//news. cnet. com/8301-13579_3-57540017-37/apple-now-officially-owns-beatles-apple-corps-logo/ BBC News. (2006, may 08). News Front Page. Retrieved March 20, 2013, from Beatles lose News Apple Court Battle. Retrieved from http//www. bbc. co. uk/2/hi/entertainment/4750533. stm
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