Apple Music Case Can Clarify Trademark ‘Tacking,’ Court Hints

The Federal Circuit’s chief judge signaled Monday that she’d like to use a trademark case involving Apple Inc.'s rights to use “Apple Music” in connection with live entertainment and its distribution as a catalyst to clarify the standard for when companies are able to extend their use of a mark back in time.

Chief Judge Kimberly A. Moore expressed skepticism of Apple’s argument that the Trademark Trial and Appeal Board rightly dismissed a New York jazz festival organizer’s challenge to its application to use the mark in connection with live entertainment, events, and media.

The organizer, Charles Bertini, said he’s ...