The U.S. Appellate Court for the Federal Circuit has recently rejected Apple’s argument that it had priority over trumpeter Charlie Bertini’s “Apple Jazz” trademark rights based on its ownership of an earlier trademark from the Beatles’ music label Apple Corps Ltd.
Therefore, the court allowed Bertini to block Apple’s bid for a federal Apple Music trademark covering live performances, one of several trademarks used by Apple to seek secure.
Apple launched its streaming service in the year 2015 and applied the same year for the federal “Apple Music” trademark covering several categories of music and entertainment services.
Bertini opposed the application while arguing the name which would cause confusion with the “Apple Jazz” branding he used since 1985 to advertise concerts. But a US Trademark Office tribunal ruled for Apple in 2021, finding its earlier rights to the name based on a 1968 “Apple” trademark for sound recordings it purchased from Apple Corps in 2007.
A unanimous Federal Circuit panel reversed the decision to dismiss Bertini’s opposition. It stated that Apple could not “tack” its trademark rights for live performances to the Apple Corps trademark for sound recordings.
Therefore, the court stated that “Tacking a mark for one good or service doesn’t grant priority for every other good or service in the trademark application.”
