Apple Music Trademark Ruling Leaves ‘Tacking’ Standard Unclear

Apple Inc. ran into a wall while trying to extend trademark rights on vinyl records to “Apple Music” music performances, though attorneys still aren’t sure exactly where that wall is.

Apple tried to “tack” a 1968 priority date from gramophone trademark rights it bought in 2007 onto an “Apple Music” mark covering live performances, among other services. But in a matter of first impression, the US Court of Appeals for the Federal Circuit found the products differed too much for tacking to apply and shot down the application.

The doctrine of tacking lets brand owners modify their trademarks without losing ...