The courtroom allowed Bertini to dam Apple’s bid for a federal Apple Music trademark protecting stay performances and a number of other different trademark makes use of Apple sought to safe.
Bertini’s legal professional, his brother James Bertini, stated they have been happy with the choice after a “lengthy and tough battle.””Maybe this determination will even assist different small firms to guard their trademark rights,” the legal professional stated.
Representatives for Apple didn’t instantly reply to a request for remark.
Uncover the tales of your curiosity
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 applying, arguing the identify would trigger confusion with the “Apple Jazz” branding he had used since 1985 to promote live shows. Either side agreed that Apple’s mark would possible confuse shoppers. However a U.S. Trademark Workplace tribunal dominated for Apple in 2021, discovering it had earlier rights to the identify based mostly on a 1968 “Apple” trademark for sound recordings it bought from Apple Corps 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 stay performances to the Apple Corps trademark for sound recordings, a distinct class of products.
“Tacking a mark for one good or service doesn’t grant precedence for each different good or service within the trademark utility,” the courtroom stated.
The case is Bertini v. Apple Inc, U.S. Courtroom of Appeals for the Federal Circuit, No. 21-2301.