Apple Computer can argue that its use of the trademark has nothing to do with music. They could say, 'This isn't our music. We're selling access to this service.' That's another argument for a low royalty. |
It behooves Apple to protect its position because the question is 'How high is up?' in terms of what Apple Corps wants. It's better for them to roll the dice. |
It seems to me it's a prudent move by Yahoo. It's one thing to put your billboard up next to the other guys. But this, it seems to me, is different in nature and kind because you're employing search engine technology to guide customers from the Internet to you. |
They can't just say, 'Throw this case out, because we're just a marketplace.' That's not going to work. |