11
May/06

Text of Decision in Apple Corp v Apple Computer


This case is a must-read, and I would venture that it is a must-teach, in contract drafting classes, from now on.
Read the whole thing, but if you are in a rush, reading the portion of the original agreement between Apple Corp and Apple Computers, particularly clause 4.3, and then read paragraphs 81 to 105 of the decision, for the key as to how the Court interpreted clause 4.3, which said that Apple Computer could use the logo to transmit music, but it couldn’t use it to sell CDs.

Apple Corp v. Apple Compueter, [2006] EWHC 996 (ch) (08 May 2006)
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