Apple Computer has a cartoon-like apple with a neat bite taken out.Apple Corps uses a shiny green apple as its logo.(file photo)

    BEIJING, May 14 (Xinhuanet) -- A U.S. judge ruled on Monday in favor of Apple Computer Inc. in the latter's right to use the apple logo on its iTunes Music Store.

    Early on Apple Corps Ltd., the  guardian of the Beatles' commercial interests, filed a lawsuit, charging the U.S. company of having broken a 1991 agreement in which each agreed not to infringe on the other's field of business.

    Judge Edward Mann ruled that Apple Computer used the apple logo in association with the store, not the music, and thus did not breach the agreement.

    "I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work," Mann said in his written judgment. "I think that the use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with the creative works themselves."

    While Apple Computer CEO Steve Jobs was pleased with the turnout, Neil Aspinall, the manager of Apple Corps, vowed that his company would immediately appeal.

    "We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer has broken the agreement," Aspinall said in a statement.

     Lawyers for U.S.-based Apple Computer had argued that the logos used by the two Apples are different. While Apple Corps uses a shiny green apple as its logo, Apple Computer has a cartoon-like apple with a neat bite taken out, the lawyers said.

    The two Apples have been in dispute for the past 25 years. The 1991 agreement ended previous lengthy litigation over the logo.

    Apple Corps was started by the Beatles in 1968 and the Cupertino, California-based Apple Computer was formed in 1976 by two college dropouts Steve Jobs and Steve Wozniak on April Fools' Day.Enditem

    (Agencies)