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Apple Lawyer: ‘Even a Moron in a Hurry’ Wouldn’t Confuse Trademarks
Wednesday, March 29th, 2006 at 2:00 PM - by Brad Cook
Apple Computer attorney Anthony Grabiner on Thursday said in court that "even a moron in a hurry" could tell the difference between his company's logo and the one used by The Beatles' Apple Corps. According to an Associated Press story by Jill Lawless, Mr. Grabiner pointed to the "distribution of digital entertainment content" as something that was permissible under the agreement previously crafted between the companies after Apple Corps' last lawsuit in 1991.
"Data transmission is within our field of use. That's what (the agreement) says and it is inescapable," Mr. Grabiner explained. "It's obvious that the [iTunes Music Store] content comes from a wide variety of content providers. It's obvious that Apple Computer is not the source or origin of the content."
The trial, which started on Wednesday, is expected to last at least five days, according to Ms. Lawless.
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