Apple Loses Appeal Over Apple Music Trademark Coverage for Live Performances

Apple has lost its appeal over the trademark coverage for its streaming music service, Apple Music, in live performances. The company had applied for a trademark in various categories, including recorded music, live performances, clothing, and merchandise.

However, trumpet player Charlie Bertini, who has used the Apple Jazz branding for his concerts since 1985, objected, citing potential confusion between the two trademarks for live performances.

Although the U.S. Trademark Office tribunal agreed that the names were too similar to coexist, it ruled in favor of Apple, citing the company's prior right to the trademark, which it purchased from The Beatles’ company Apple Corps in 2007. However, Bertini appealed the decision, and the U.S. Court of Appeals for the Federal Circuit has now overturned the ruling.

The court rejected Apple's argument that it had priority over Bertini's "Apple Jazz" trademark rights based on its ownership of an earlier trademark from the Beatles' music label Apple Corps. The court stated that Apple could not "tack" its trademark rights for live performances to the Apple Corps trademark for sound recordings, which is a different category of goods.

While this ruling doesn't prevent Apple from using its Apple Music branding for live performances, it does mean that the company won't have trademark protection for this usage. This could lead to potential confusion between the two trademarks for live performances.