Apple Can No Longer Sell Phones Under The iPhone Brand In Mexico

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 5 years ago '07        #1
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Jago 1030 heat pts1030
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Apple Can No Longer Sell Phones Under The iPhone Brand In Mexico
 

 

Apple may have solved their*trademark problems in China, but it appears they may have a bigger problem on its hands south of the U.S. border, as a court in Mexico City has denied an injunction that would have allowed Apple to continue to sell under the iPhone brand because it violates the trademarks of iFone, a Mexican telecommunications company. The ruling could have a major impact on Apple’s phone sales in Mexico, as well as affecting the marketing and sales plans of several wireless service providers in the country, some of which were gearing up to offer the iPhone 5 to customers this weekend.

It’s not actually clear what Apple was thinking this time around – the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone. Despite the rather obvious priority issue, Apple decided to sue iFone in 2009 in an attempt to invalidate the company’s name for being too similar to the iPhone. The predictable response was a countersuit by iFone, and the court battles have been swinging in iFone’s favor ever since.

The move could prove costly to Apple in more ways than one. In addition to losing the ability to sell devices under the iPhone trademark in Mexico, iFone is also suing for damages for past infringement, asking for a minimum of 40% of all iPhone sales to date in the Mexican market. While those numbers aren’t nearly as large as they are in the U.S., it still would represent a substantial payment. It's not yet clear whether the embargo on using the iPhone name will go into effect before sales of the iPhone 5 start on Friday, or if this will trigger Apple to loosen the purse strings to negotiate a settlement with iFone, but given the circumstances it would seem that Apple has precious little leverage this time around.*Clearly lawsuits can be a double-edged sword.

[pic - click to view]

 Apple has lost their legal claim to the iPhone name in Mexico

Dumbasses tried to get cute and sue a foreign company, in that company's country nonetheless, over a name similarity that the foreign company had trademarked 4 years before them. Idiots. image

45 comments for "Apple Can No Longer Sell Phones Under The iPhone Brand In Mexico"

 5 years ago '05        #2
Y.G. 27 heat pts27
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No el iPhoneo for the Mexican homeboyos.
 11-02-2012, 12:17 AM         #3
Lannister 
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 Y.G. said:
No el iPhoneo for the Mexican homeboyos.
 11-02-2012, 12:30 AM         #4
One Gud Cide 
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fu*king idiots maybe they should focus on making quality products instead of being f*ggots trying to stop everyone else from doing what they can't
 11-02-2012, 06:27 AM         #5
xeduran 
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This just shows the arrogance of Apple. Their lawyers could have looked up the trademark date on their first day of work. They tried to strong arm another company when that company had every right to the name. Go f*ck yourself Apple.
 5 years ago '05        #6
ghost213 31 heat pts31
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(Cr)Apple stikes again. I really dislike apple
 11-02-2012, 10:16 AM         #7
Silver N Black 
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so Apple fu*ked themselves trying to sue the sh*t out of these guys, some poetic justice.
 5 years ago '05        #8
Y.G. 27 heat pts27
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Purplefag looked in this thread, read the article, saw the L, then dipped.
 5 years ago '04        #9
NBA Brawler 112 heat pts112
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 Y.G. said:
No el iPhoneo for the Mexican homeboyos.
 5 years ago '11        #10
rec1989 5 heat pts
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The Verge clarifies some of the confusion about the situation, noting that the court ruling has no impact on Apple's ability to sell the iPhone in Mexico and relates strictly to one trademark class.

As you'd expect, companies like Apple file to protect ultra valuable trademarks like "iPhone" in every class they can come up with an argument for, since it protects against infringement and brand dilution. That's where iFone comes in -- it has a single Mexican trademark on the word "iFone" in Class 38, which covers telecommunication services. Apple runs a few of those, like iMessage and FaceTime, and indeed, it has a Class 38 US trademark on "iPhone."

Apple already owns two iPhone trademarks in Mexico in Class 9 and Class 28, which covers electronic game devices. But in 2009, Apple's lawyers decided iFone's Mexican Class 38 mark wasn't being actively used, and they filed a lawsuit to try and get it canceled so they could register their own pending Class 38 mark on "iPhone." iFone obviously disagreed and convinced the Mexican courts that they were still using the mark in commerce, which is where today's ruling comes from -- Apple lost another round of appeals trying to cancel the iFone mark in Class 38.
The report goes on to note that reports of an injunction or fines against Apple are incorrect and are in fact related to what iFone is seeking in a countersuit, a suit that has yet to proceed to trial.
 5 years ago '06        #11
Manny05 1 heat pts
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Epic failure
 5 years ago '04        #12
hockeythug 66 heat pts66
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Unfortunately, it just isn't accurate — while Apple did lose an appeal over the iFone trademark in Mexico, it has no bearing on its ability to sell the iPhone in that country, and sources tell The Verge that there is no injunction in place. Indeed, the iPhone 5 is already available unlocked on Apple Mexico's website, and the launch with Telcel, Movistar, and Iusacell appears to be unaffected.
Apple already owns two iPhone trademarks in Mexico in Class 9 and Class 28, which covers electronic game devices. But in 2009, Apple's lawyers decided iFone's Mexican Class 38 mark wasn't being actively used, and they filed a lawsuit to try and get it canceled so they could register their own pending Class 38 mark on "iPhone." iFone obviously disagreed and convinced the Mexican courts that they were still using the mark in commerce, which is where today's ruling comes from — Apple lost another round of appeals trying to cancel the iFone mark in Class 38.
 5 years ago '11        #13
XxHeAtMaKeRxX 30 heat pts30
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 hockeythug said:
Lol dudes in this thread got excited for nothing
 5 years ago '05        #14
Y.G. 27 heat pts27
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 regulate said:
crapple loses again.
Crapple


Last edited by Y.G.; 11-02-2012 at 08:27 PM..
 5 years ago '05        #15
Y.G. 27 heat pts27
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Double post.


Last edited by Y.G.; 11-02-2012 at 08:28 PM..
 5 years ago '07        #16
Bleezy 10 heat pts10
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 5 years ago '11        #17
Jesszman 2209 heat pts2209
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iCarumba.
 5 years ago '09        #18
WILLIAM 49 heat pts49
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america won :D
 5 years ago '04        #19
bernmac 
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 Jesszman said:
iCarumba.
 5 years ago '05        #20
TitoDaMayne 
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 Y.G. said:
No el iPhoneo for the Mexican homeboyos.
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