The Issue

A US company has sued Apple Computer, alleging that the interface for iTunes infringes on its patent.

Contois Music & Technology filed suit last week in US District Court in Vermont, alleging that Apple's actions are "irreparably" damaging Contois. The company seeks a preliminary and permanent injunction, as well as unspecified damages, according to the lawsuit. Contois is also charging that Apple's patent infringement is willful, and is asking the court to take this into account in calculating damages by tripling the amount it would otherwise award.

An Apple representative declined to comment. A lawyer for Contois did not immediately respond to a request for further comment.

In its suit, Contois said that it gave Apple written notice regarding its patent in September 2004 and also alleges that Apple was aware of the patent at least as early as Jan. 30, 2003.

Specifically, the lawsuit said that Contois owner David Contois showed off his idea for a computer interface for music-playing software at the November 1995 Comdex event and at a music trade show in 1996. The suit charges that people who either then or later became Apple employees attended the event and saw Contois' exhibit.

The lawsuit was reported earlier on Tuesday by Mac enthusiast site AppleInsider.

Apple has faced other legal actions related to its music efforts. Virgin has complained to European regulators that Apple's refusal to license its FairPlay digital-rights management technology is unfair. Apple has also settled patent claims with E-Data over the Apple Music Store. Also, Apple Corps, the Beatles' record label, has sued the Mac maker, claiming that it went beyond its permitted use of the Apple trademark in entering the music business

A federal court last week denied Apple's motion to dismiss an antitrust suit brought by a disgruntled iTunes Music Store customer, AppleInsider has discovered.

In January, Thomas Slattery filed a class action suit against Apple in the U.S. District Court for the Northern District of California, alleging that the company is violating federal antitrust laws and California's unfair competition law by requiring that customers use an iPod in order to listen to music purchased from its industry-leading iTunes Music Store.

In the 9-page ruling dated Sept. 9th, United States District Judge James Ware did side with Apple in dismissing a few individual claims. Specifically, Ware threw out a claim arguing that Apple has been unjustly enriched from sales of iTunes and iPods. The Judge also dismissed two claims of attempted monopolization against the iPod maker, but granted Slattery and his attorneys a month to amend the two arguments.

A representative for Apple Corps, the corporate face of rock icons The Beatles, said Friday that the company has sued Apple Computer over its iTunes service, in a sequel to a previous trademark dispute.

Geoff Baker, spokesman for Apple Corps, confirmed the suit was filed two months ago in London High Court. He referred further questions to a statement put out by Apple Corps, the company the legendary rock band formed in 1968 to manage its business interests.

"Specifically, (the) complaint is made over the use by Apple Computer of the word 'Apple' and apple logos in conjunction with its new application for downloading pre-recorded music from the Internet," said the statement, apparently referring to Apple's successful iTunes Music Store service for downloading digital songs

Apple Corps previously tussled with Apple Computer over trademark issues in 1989, claiming that the computer company was illegally using the band's name and logo to sell music-related products, such as digital music software. Apple Computer settled the case for $27 million and an agreement that generally precluded Apple Computer from entering the music business.

The two Apples appeared to be getting along OK since then, as evidenced by iMac ads featuring John Lennon.

But Apple has recently jumped into the music business in a big way, both with iTunes and its iPod digital music players.

Apple Computer issued a brief statement on the case: "Over a decade ago, Apple signed an agreement with Apple Corps, a business controlled by the Beatles and their heirs, which specified the rights each company would have to use the 'Apple' trademark. Unfortunately, Apple and Apple Corps now have differing interpretations of this agreement and will need to ask a court to resolve this dispute."

Apple Computer launched the iTunes service in late April, and it has quickly become one of the most popular conduits for legal music downloads, selling more than 1 million songs in its first week of operation and attracting numerous imitators.

A federal court last week denied Apple's motion to dismiss an antitrust suit brought by a disgruntled iTunes Music Store customer, AppleInsider has discovered.

In January, Thomas Slattery filed a class action suit against Apple in the U.S. District Court for the Northern District of California, alleging that the company is violating federal antitrust laws and California's unfair competition law by requiring that customers use an iPod in order to listen to music purchased from its industry-leading iTunes Music Store.

In the 9-page ruling dated Sept. 9th, United States District Judge James Ware did side with Apple in dismissing a few individual claims. Specifically, Ware threw out a claim arguing that Apple has been unjustly enriched from sales of iTunes and iPods. The Judge also dismissed two claims of attempted monopolization against the iPod maker, but granted Slattery and his attorneys a month to amend the two arguments.