From: glen mccready To: 0xdeadbeef@substance.abuse.blackdown.org Date: Sat, 18 Nov 1995 17:02:53 -0500


Forwarded-by: bostic@bsdi.com (Keith Bostic)
Forwarded-by: jim@SmallWorks.COM

Thursday November 16 6:34 AM EST

Apple, Carl Sagan settle suit over names

CUPERTINO, Calif. (Reuter) - Apple Computer Inc. said Wednesday it
settled a lawsuit brought by astronomer Carl Sagan, who had objected
to the company's use of his name.

Sagan's complaint stemmed from the use of his name at Apple as a code
word for the development of its Power Macintosh 7100 computer,
according to court documents.

After lawyers for Sagan complained, the company switched to a new name
for the project.

But that did not satisfy Sagan, who sued Apple after news reports said
that product managers had relabeled the project BHA, which supposedly
stood for ``Butt-head Astronomer,'' the court documents stated.

An Apple spokeswoman declined to say what the initials stood for. ``It
was an internal thing as all our codes are and was never meant for
external consumption,'' she said.

But she added: ``Carl Sagan understood it to mean butt-head astronomer.'' 

Sagan sued in April 1994 in federal court in Los Angeles, claiming,
among other charges, that Apple defamed him and had misappropriated
his name for commercial purposes.

The computer maker contended its use of the code name was not
commercial and did not constitute an endorsement requiring Sagan's
permission.

A federal judge ruled in July 1994 that Apple's use of the names as
internal code words was not defamatory. In December 1994 the same
judge ruled that Apple had not used Sagan's name to promote the new
computer.

Sagan appealed the decision to the Ninth Circuit Court of Appeals. 

Apple did not disclose terms of the settlement. It said it and Sagan
considered the resolution ``amicable'' and both sides were pleased to
end the litigation.

``Apple has always had great respect for Dr. Sagan, and it was never
Apple's intention to cause Dr.  Sagan or his family any embarrassment
or concern,'' the Cupertino, Calif.-based computer maker said in a
statement.

Sagan became well known after hosting ``Cosmos,'' the public
television program popular in the 1980s.