Marc Sherman Wrote: > Michaelwagner wrote: > > Sadly, it seems the probative issue, is a digital stream of data > music, > > was not really answered in this law suit. > > > > The main argument seems to have been that "even a moron in a hurry" > > could tell the logos apart. > > I find that quite surprising -- I didn't think this was a TM case at > all > any more, but rather a breach of contract case, where Apple Corps was > accusing Apple Computer of breaching the agreement they came to at the > settlement of the last round of TM disputes. > > - Marc
The full judgment is up on HMCS: http://tinyurl.com/fwykm My understanding is the same as Marc's - that the essence of the case was whether the use of the logo by Apple Computers in connection with ITMS was a breach of agreement (on the proper construction of the words "on or in connection with" delivery of music content) - rather than being a claim that two similar and confusing logos were being used as in a normal trademark case. -- Siduhe ------------------------------------------------------------------------ Siduhe's Profile: http://forums.slimdevices.com/member.php?userid=723 View this thread: http://forums.slimdevices.com/showthread.php?t=22501 _______________________________________________ discuss mailing list [email protected] http://lists.slimdevices.com/lists/listinfo/discuss
