A British High Court ruled Apple Computer, Inc. may continue to use its Apple trademarks in connection with the iTunes® Music Store and affiliated software. Apple Corps. Ltd, the record company owning many of the Beatles sound recordings, challenged Apple Computer’s use of the trademarks in conjunction with downloading music.

Trademark disputes are not new to the parties. The parties co-existed without incident for several years and in 1981 entered into a formal agreement regarding the use of the identical word marks “Apple” and the similar apple logos. After litigation filed by Apple Computer, Inc., the parties revised their agreement in 1991.

The judge in the current case was not asked to make a decision based on likelihood of consumer confusion, which is the standard test for infringement in the United States, but was asked to interpret language in the 1991 Trademark Agreement.

Read the 2006 Court Opinion

Read the 1991 Trademark Agreement.

With more digital mobile phones in the world than televisions and PCs combined, it seems logical that a top level domain would be created to service this industry. The solution: dotMobi the first, and only, top level domain dedicated to delivering the Internet to mobile devices.

A special Sunrise Registration Period was established to provide trademark owners an opportunity to register their marks in hopes of avoiding cypersquatting issues. To qualify for the Sunrise Period, the federal trademark application must have been filed prior to July 11, 2005 and the trademark must be registered prior to application for the dotMobi domain. The Sunrise Period begins May 22, 2006 for the mobile industry and June 12, 2006 for all other qualifying registered trademark owners.

Read More About dotMobi

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client’s intellectual property. Tamera works closely with her clients to implement customized brand management programs. Tamera’s clients range from rock star to leadership coach and financial guru to custom motorcycle designer.

Tamera was named a “2006 Best Lawyer In Dallas Under 40” by D Magazine. She currently chairs the State Bar of Texas Entertainment & Sports Law section, is a founding board member of the Women Business Owners of Denton County and is a former adjunct professor at Dallas Baptist University. Tamera frequently lectures to attorneys and business owners on intellectual property and entertainment law matters.

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