The Apple Computer vs. Apple Corps case sets no legal precedent whatsoever. Justice Mann went to great lengths to limit his decision specifically to the 1991 agreement entered into by the two companies in which Apple Computer *PAID* Apple Corps for a settlement that a) specifically spelled out the respective non-infringing uses of each company's marks and b) specifically granted Apple Computer, per the agreement, the right to sell data that could reproduce sound and music.
Apple Corps is trying to manuever away from that agreement, as they now realize they probably gave away too much. That said, in 1991, Apple's interest was in protecting QuickTime's ability to reproduce sound and music, and Apple's lawyers were just smart enough to word a better deal.
If Apple Corps didn't INTEND to sign such an agreement granting Apple Computer such specific rights, the simplest answer would have been for them to simply NOT SIGN the 1991 agreement. Trying to wriggle out of that contract (for which they were paid a significant sum) is just silly at this point.
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The Apple Computer vs. Apple Corps case sets no legal precedent whatsoever. Justice Mann went to great lengths to limit his decision specifically to the 1991 agreement entered into by the two companies in which Apple Computer *PAID* Apple Corps for a settlement that a) specifically spelled out the respective non-infringing uses of each company's marks and b) specifically granted Apple Computer, per the agreement, the right to sell data that could reproduce sound and music.
Apple Corps is trying to manuever away from that agreement, as they now realize they probably gave away too much. That said, in 1991, Apple's interest was in protecting QuickTime's ability to reproduce sound and music, and Apple's lawyers were just smart enough to word a better deal.
If Apple Corps didn't INTEND to sign such an agreement granting Apple Computer such specific rights, the simplest answer would have been for them to simply NOT SIGN the 1991 agreement. Trying to wriggle out of that contract (for which they were paid a significant sum) is just silly at this point.