Due To Being Sued By Jazz Musicians, Apple Failed To Register The "Apple Music" Trademark In The US

Apple Inc lost to the "Apple Music" federal brand registration effort. (photo: twitter @AppleMusic)

JAKARTA - Apple Inc lost the "Apple Music" federal brand registration attempt on Tuesday 2 May after a United States appeals court decided to support a jazz musician who challenged the tech company's app.

The US Court of Appeals to the Federal Circuit rejects Apple's argument that it has priority over the trademark rights of trademark owner "Apple Jazz", Charlie Bertini's tantrum, based on the early trademark ownership of The Beatles' music label Apple Corps Ltd.

The court allowed Bertini to block Apple Music's trademark efforts that include live performances and some of the use of other trademarks Apple wants.

Bertini's lawyer, his brother James Bertini, said they were pleased with the decision after a "long and difficult struggle."

"Maybe this decision will also help other small companies to protect their trademark rights," the lawyer said.

Apple's representatives have not yet responded to requests for comment.

Apple launched its streaming service in 2015 and filed for the "Apple Music" federal trademark registration in the same year that includes several categories of music and entertainment services.

Bertini opposes the app, arguing that the name will create confusion with the trademark "Apple Jazz" she has been using since 1985 to advertise concerts.

Both sides agree that Apple brands are likely to cause confusion to consumers. However, the US Trademark stands decided to support Apple in 2021, stating that Apple had early rights to the name based on the 1968 "Apple" trademark for voice recordings purchased from Apple Corps in 2007.

The round Federal Circuit panel rejected the decision and scrapped Bertini's opposition last Tuesday. The court stated that Apple could not "record" its brand's right to live show on the Apple Corps brand for voice recordings, which is a different category of goods.

"Recording brands for one item or service does not give priority to any other goods or services in trademark applications," the court said.