2006年VOA标准英语-Legal Judgment Issued in Apple v Apple Cas

By George Dwyer
Washington, DC
09 May 2006
 
watch Apple Ruling report

A judge in London has ruled that U.S.-based Apple Computer was within its rights to use its familiar apple logo on its iTunes on-line Music Store. As VOA's Mil Arcega reports, the ruling goes against Apple Corps¹ Limited, the legendary² record company started by one of the world's most famous musical groups.

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Beatles  
  

Apple Corps was launched by the Beatles in 1968 and is still owned by surviving band members, Sir Paul McCartney and Ringo Starr; and the widows of George Harrison and John Lennon.

In 1991 the U.S. computer firm Apple, which had been using an apple logo since 1976, agreed to pay Apple Corps 26 and a half million dollars, and to stop marketing³ music, in a trademark⁴ sharing agreement on the logos.

 
Ray McDonald   
  
Ray McDonald, who covers the music industry for VOA, says lawyers for the Beatles sought to prove that Apple Computer, which has sold at least 42 million iPod players and has about half the legal market for music downloads, has been marketing music over iTunes, and not simply distributing it as the U.S. firm had claimed. But a judge found otherwise.

Mr. McDonald says that the dispute was more of a breakdown⁵ in contract understanding. "Essentially⁶ this fight was over the contract, drawn⁷ up in 1991, and also over a symbol, the apple. The judge in London ruled that Apple Computer was not violating the terms of the agreement because this applied⁸ to their store - their business end - and not to their use of the music."

 
Apple Computer logo
 
  
 
Beatles' Apple Corps
  
  
As for the dispute over the two logos, Apple Corps claimed merely to be protecting its brand identity and trademark interests.

Apple Corps' logo realistically depicts⁹ a green apple, while Apple Computer's logo shows a drawing of an apple with a bite taken out.

McDonald explains each position. “Apple Computer said, 'Look, these are two very very different representations of an apple, customers are not stupid, they know which one is ours and they know which one is yours, and they are not going to get them mixed up."

While the court agreed, Apple Corps lawyer Nicholas Valner expressed disappointment with the judge's decision. "We consider he has reached the wrong conclusion. We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement."

Apple Corps -- which could be ordered to pay Apple Computer's court costs -- has said it will appeal the ruling.

1 corps   

n.(通信等兵种的)部队；(同类作的)一组

参考例句：

• The medical corps were cited for bravery in combat.医疗队由于在战场上的英勇表现而受嘉奖。
• When the war broke out,he volunteered for the Marine Corps.战争爆发时，他自愿参加了海军陆战队。

2 legendary   

adj.传奇（中）的，闻名遐迩的；n.传奇（文学）

参考例句：

• Legendary stories are passed down from parents to children.传奇故事是由父母传给孩子们的。
• Odysseus was a legendary Greek hero.奥狄修斯是传说中的希腊英雄。

3 marketing   

n.行销，在市场的买卖，买东西

参考例句：

• They are developing marketing network.他们正在发展销售网络。
• He often goes marketing.他经常去市场做生意。

4 trademark   

n.商标；特征；vt.注册的…商标

参考例句：

• The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
• The trademark of the pen was changed.这钢笔的商标改了。

5 breakdown   

n.垮，衰竭；损坏，故障，倒塌

参考例句：

• She suffered a nervous breakdown.她患神经衰弱。
• The plane had a breakdown in the air,but it was fortunately removed by the ace pilot.飞机在空中发生了故障，但幸运的是被王牌驾驶员排除了。

6 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

7 drawn   

v.拖，拉，拔出；adj.憔悴的，紧张的

参考例句：

• All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
• Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

8 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

9 depicts   

描绘，描画( depict的第三人称单数 )； 描述

参考例句：

• The book vividly depicts French society of the 1930s. 这本书生动地描绘了20 世纪30 年代的法国社会。
• He depicts the sordid and vulgar sides of life exclusively. 他只描写人生肮脏和庸俗的一面。