Bloomberg write..
An administrative tribunal wrongly dismissed a New York jazz festival organizer’s challenge to Apple Inc.’s application to use its “Apple Music” mark in connection with live entertainment, events, and media, the Federal Circuit ruled Tuesday.
In a precedential opinion, a three-judge panel said Apple can’t reach back through history and apply the Beatles’ Apple Corps mark—originally used to cover gramophone productions—to protect a broad category of live events and recordings. In doing so, the US Court of Appeals for the Federal Circuit used the case as a vehicle to clarify the bounds of an ill-defined trademark doctrine known as “tacking.”
The Board erred by letting Apple “claim absolute priority for all of the services listed in its application” by establishing priority for just one. The goods and services of the tacked-on trademark used to establish priority must be “substantially identical” to those of other goods and services in the trademark application, the opinion said.
“Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application,” Circuit Chief Judge Kimberly A. Moore said in her opinion.
Read the full report at
https://news.bloomberglaw.com/ip-law/apple-music-trademark-tacking-win-tossed-by-federal-circuit
