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Old Nov 2, 2012, 10:15 AM   #1
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Apple Loses 'iPhone' Name Rights in Mexico over Phonetic Similarity [Updated]




Electronista reports that Apple has lost a court case in Mexico over the rights to the "iPhone" name in that country, with the court ruling that the name is too phonetically similar to that of telecommunications company iFone, which registered its trade name in 2003.
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The decision stems from a legal action that Apple initially filed in 2009 requesting that the company cease using the iFone brand in order to head off the possibility of consumer confusion.

El Universal reports that the iFone trade name was registered in Mexico in 2003, some four years before Apple did so. Nonetheless, Apple sought unsuccessfully to gain sole control over the brand in the year after the iPhone first launched in Mexico.
Spanish news agency Efe has a bit more on the situation, quoting a lawyer for iFone as saying that this is the third time Apple has lost in this case.

It is unclear exactly what the next steps are for Apple and iFone, including whether additional appeals are possible. Apple is not likely to simply abandon the iPhone name in Mexico, and would thus almost certainly attempt to reach a settlement with iFone that would enable it to continue using the iPhone trade name in the country.

Update 1:21 PM: 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.
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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.

Article Link: Apple Loses 'iPhone' Name Rights in Mexico over Phonetic Similarity [Updated]
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Old Nov 2, 2012, 10:17 AM   #2
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Old Nov 2, 2012, 10:17 AM   #3
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el phono cinco
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Old Nov 2, 2012, 10:17 AM   #4
ollyb
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buy them
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Old Nov 2, 2012, 03:45 PM   #5
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buy them
I'm going to guess that the sales of iPhones.....in Des Moines.....is larger than the GDP of Mexico.....if you don't count drugs anyway.
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Old Nov 2, 2012, 10:18 AM   #6
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Time to dip into the warchest and pay these fools to get over it.
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Old Nov 2, 2012, 10:27 AM   #7
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Originally Posted by CristobalHuet View Post
Time to dip into the warchest and pay these fools to get over it.
"These fools"? They registered in 2003, then Apple sued in 2009 and they fought back. It doesn't seemed like they were going at Apple in the first place.
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Old Nov 2, 2012, 10:35 AM   #8
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"These fools"? They registered in 2003, then Apple sued in 2009 and they fought back. It doesn't seemed like they were going at Apple in the first place.
That's what I get for glossing over an article.
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Old Nov 2, 2012, 11:14 AM   #9
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That's what I get for glossing over an article.
No worries, god knows I've done that! Nice that it wasn't just a blind fb comment!
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Old Nov 2, 2012, 10:54 AM   #10
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Originally Posted by CristobalHuet View Post
Time to dip into the warchest and pay these fools to get over it.
lololololololol yup
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Old Nov 2, 2012, 11:51 AM   #11
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Originally Posted by CristobalHuet View Post
Time to dip into the warchest and pay these fools to get over it.
Where is the downvote button when you need it?
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Old Nov 2, 2012, 01:19 PM   #12
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Time to dip into the warchest and pay these fools to get over it.
It’s not them going after Apple it’s Apple going after them.
What did you do just read the title?
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Old Nov 5, 2012, 01:09 PM   #13
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Originally Posted by ncaissie View Post
It’s not them going after Apple it’s Apple going after them.
What did you do just read the title?
No, I misread the article. Even worse.
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Old Nov 2, 2012, 10:18 AM   #14
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Just call it El Telefono Manzana
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Old Nov 2, 2012, 11:04 AM   #15
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Just call it El Telefono Manzana
El yoTelefono Manzana cinco



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Old Nov 2, 2012, 10:18 AM   #16
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iCaramba!
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Old Nov 2, 2012, 10:19 AM   #17
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lol thats funny.

See how this one plays out.


Well that company did have it first so all the power to them.
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Old Nov 2, 2012, 10:20 AM   #18
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Just don't sell it there lol.
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Old Nov 2, 2012, 11:51 AM   #19
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iCaramba!
best comment ever
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Old Nov 2, 2012, 04:57 PM   #20
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iCaramba!
Comedy Gold!
50 points to Szarky for a well played comment!
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Old Nov 2, 2012, 10:20 AM   #21
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Duh!!

Yet another dumb ruling. iPhone is "different" than ifone... Duh!!



What pool of resources are these countries getting their judges from?!?
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Old Nov 2, 2012, 10:22 AM   #22
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Yet another dumb ruling. iPhone is "different" than ifone... Duh!!



What pool of resources are these countries getting their judges from?!?
Please comment on Apple's suit on Amazon over "App Store" vs "Appstore"
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Old Nov 2, 2012, 10:27 AM   #23
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Please comment on Apple's suit on Amazon over "App Store" vs "Appstore"
Or Apple suing unrelated grocery companies for using an Apple in their logo.
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Old Nov 2, 2012, 10:31 AM   #24
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Or Apple suing unrelated grocery companies for using an Apple in their logo.
well apple started it by asking them to drop the name and now it backfired lolol

and yes apple sued a german tea cafe because they had an apple in their logo (they r famous for apple tea)
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Old Nov 2, 2012, 10:54 AM   #25
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well apple started it by asking them to drop the name and now it backfired lolol

and yes apple sued a german tea cafe because they had an apple in their logo (they r famous for apple tea)
Even as a devout Mac fan I find it hard to sympathise with Apple here. Particularly considering how they copied/stole (depending on your point of view) their own company name & logo.
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