FIRST OFF . . .

Nike Inc., Capitol Records Inc. and EMI Records Inc.--all named in a $15-million suit filed by the Beatles’ Apple Records label July 28--Tuesday called the action “groundless.” The suit contests the use of the Beatles’ 1968 song “Revolution” in a Nike commercial and asks that the commercial be taken off the air. Nike president Philip H. Knight said Nike negotiated for rights to the song with EMI-Capitol--which owns the licensing rights to all the Beatles’ original recordings--and with singer Michael Jackson, owner of the publishing rights to the song. As for EMI-Capitol, vice president and general counsel Rob O’Neill commented: “As the latest in a succession of frivolous lawsuits which (Apple attorney) Leonard Marks has brought against Capitol and EMI . . . this is certainly the most absurd and nonsensical.” Both men insist the song was used with the full consent of Yoko Ono, who is a shareholder and director of Apple. Her office said she had agreed to the song’s use.