The Beatles will appeal to a higher court regarding their recent loss to Apple Computer. There are two reasons for the appeal. 1. The Beatles’s Apple Corps has gone this far and still has a chance to convince a higher court that this decision misses the mark. A successful appeal could bring millions in damages. 2. The appeal has already successfully delayed Apple Corps requirement to pay Apple Computer’s legal bills for the first case.
Or to sum up the tactics, The Beatles are using offense as a defense.
“Apple Computer’s request for its costs to be paid now was denied pending the outcome of the appeal. ‘The stakes are still high,’ said Curtis. ‘If Apple Computer loses this war of words at appeal, it is likely that Apple Corps would obtain significant damages for past iTunes use, plus the legal tab.'” from Beatles’ label to appeal iTunes verdict
This battle has not helped The Beatles reputation with the Mac Generation. Mac Loyalists are stepping out in full fource to decry the 60’s era group and their company. The backlash is reminiscent of Metallica’s push to stop illegal downloads of their own music several years ago.
Sometimes bands, which are a form of business, turn off fans as they are forced to protect their corporate property. However, when you have billionaires on either side of a battle whether its in the music industry, oil industry, or drug industry, public perception is usually not a significant concern, principles get inflated as the harbingers of the estates focus on protecting the principle assets of the estate for generations to come.
I suspect The Beatles may have faired better in this endeavor if they had avoided the courts and fought off the attack on their trademark in the medium they knew best, public protest and music. This was not possible as The Beatles were did not operate as a united front after the band broke up and after the deaths of 2 of the its members.
The truth of the situation is that the world is getting very crowded with people and running out of trademarkable options. This is present everywhere from trademark to corporate brands to internet domains. The current laws both domestic and world wide are not keeping up with a growing world wide population of people and companies.