Comparing Apple to Apple

IP Litigator

Authored Article


On April 4, 2023, jazz musician Charles Bertini emerged victorious in his legal battle against tech giant Apple Inc. Charles Bertini v. Apple Inc. Case 21-2301, Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board No. 91229891. To provide some background, in 2015, Apple launched a streaming service and filed for federal trademark protection of its APPLE MUSIC mark in connection with “production and distribution of sound recordings and arranging, organizing, conducting, and presenting live musical performances.” Bertini, with his brother serving as his attorney, opposed the application on the basis that APPLE MUSIC would cause confusion with his “Apple Jazz” brand, which he had used since 1985 in connection with festivals and concerts and eventually with distributing sound recordings under his record label.

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