Apple Music trademark application halted by U.S. appeals court

Apple Inc's (AAPL.O) request to register a portion of the federal trademark for "Apple Music" has been rejected by the U.S. Court of Appeals on Tuesday, siding with a jazz musician who had opposed Apple's application.

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Apple's argument that it had priority over trumpeter Charlie Bertini's trademark rights on his "Apple Jazz" music label was rejected by the United States Court of Appeals for the Federal Circuit on the basis that it owned earlier trademarks from the Beatles' label Apple Corps Ltd.

Ultimately, Bertini was successful in preventing Apple from securing a federal Apple Music trademark that would cover live music performances, which was one of several trademark uses that Apple sought to secure.

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After a "long and difficult struggle," the decision was favorable, according to Bertini's lawyer, his brother James Bertini.

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"It might also be helpful to other small companies in protecting their trademark rights if this decision is successful," said the attorney.

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An Apple representative did not immediately respond to a request for comment.

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The streaming service was launched by Apple in 2015, and in the same year the company applied for a federal trademark application covering several categories of music and entertainment services under the name "Apple Music". According to Bertini, he opposes the application as he thinks the name will lead to confusion between his "Apple Jazz" branding that he has been using to advertise concerts since 1985, which is a similar branding.

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Apple and the opposition both agreed that consumers would most likely be confused by Apple's trademark. However, based on a ruling of the U.S. Trademark Office in 2021, it was found that Apple had an earlier right to the name, based on a 1968 "Apple" trademark he acquired in 2007 when he purchased the company from Apple Corps.

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The Federal Circuit panel ruled unanimously on Tuesday that the decision to dismiss Bertini's objection should be reversed. The court ruled that Apple couldn't "tack" its rights to the Apple Corps trademarks for sound recordings, a different category of goods, onto Apple's trademarks for live performances.

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"Adding a mark to a trademark application for one good or service does not mean that all other goods or services covered by the application will be given priority," the court said.

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Bertini v. Apple Inc. is a case heard by the U.S. Court of Appeals for the Federal Circuit in the case number 21-2301.