Apple Loses 'iPhone' Name Rights in Mexico over Phonetic Similarity [Updated]

MacRumors · Nov 2, 2012, 10:15 AM

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.

Quote:

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.

Quote:

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]

Tankmaze · Nov 2, 2012, 10:17 AM

ipun

joelisfar · Nov 2, 2012, 10:17 AM

el phono cinco

ollyb · Nov 2, 2012, 10:17 AM

buy them

CristobalHuet · Nov 2, 2012, 10:18 AM

Time to dip into the warchest and pay these fools to get over it.

monkor · Nov 2, 2012, 10:18 AM

Just call it El Telefono Manzana

Szarky · Nov 2, 2012, 10:18 AM

iCaramba!

frayne182 · Nov 2, 2012, 10:19 AM

lol thats funny.

See how this one plays out.

Well that company did have it first so all the power to them.

Gemütlichkeit · Nov 2, 2012, 10:20 AM

Just don't sell it there lol.

TrentS · Nov 2, 2012, 10:20 AM

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

What pool of resources are these countries getting their judges from?!?

walie · Nov 2, 2012, 10:22 AM

Quote:

Originally Posted by TrentS

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"

deannnnn · Nov 2, 2012, 10:22 AM

Can Apple just stop suing everyone already? Jeez.

stuffradio · Nov 2, 2012, 10:23 AM

Quote:

Originally Posted by TrentS

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

What pool of resources are these countries getting their judges from?!?

Are you going to tell that to Apple when they sue Grocery stores for having Apple's in the name or in the logo? I didn't think so. Don't be hypocritical. Apple this year still has been suing grocery stores with Apple's in them. Apple does not have clean hands in things like this.

Macrolido · Nov 2, 2012, 10:23 AM

Only in Mexico... BTW is funny to see all the posts triying to talk in spanish.

Hakone · Nov 2, 2012, 10:24 AM

iTelepono

aristotle · Nov 2, 2012, 10:25 AM

Quick, someone register a trademark Mehheco for some ass cream.

They could have a tag line like "If you drink the water in Mexico, you might need some Mehheco."

five.fivesix · Nov 2, 2012, 10:26 AM

frig, them...

either buy the cell company... or remove iPhone for their market. if there is enough demand from their people.... they will make the it right

BobbyRond · Nov 2, 2012, 10:26 AM

I wouldn't be surprised if the name iFone originated from iMac and iPod, so tracing it back to its roots... Maybe Apple will sue over the use of the i?

grimace2 · Nov 2, 2012, 10:26 AM

Apple deserved to lose... they picked this fight to begin with! The initial cease and desist lawsuit against iFone was a real scumbag move by Apple.

Reminds me of Monster Cable suing every company that used the term "Monster" for anything!

Apple is nothing more than a trademark troll, plain and simple.

GenesisST · Nov 2, 2012, 10:27 AM

Quote:

Originally Posted by CristobalHuet

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.

RDStrong · Nov 2, 2012, 10:27 AM

Quote:

Originally Posted by walie

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.

TrentS · Nov 2, 2012, 10:27 AM

Quote:

Originally Posted by stuffradio

Are you going to tell that to Apple when they sue Grocery stores for having Apple's in the name or in the logo? I didn't think so. Don't be hypocritical. Apple this year still has been suing grocery stores with Apple's in them. Apple does not have clean hands in things like this.

StuffRadio.com out of Calcutta wants you to cease using your user name, for infringing upon their legal right to this specific domain name.

bushido · Nov 2, 2012, 10:31 AM

Quote:

Originally Posted by RDStrong

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)

everything-i · Nov 2, 2012, 10:31 AM

That's crazy, you can't expect an established company to change its name just because it sounds like one of your products. This is just wrong on so many levels.

stuffradio · Nov 2, 2012, 10:31 AM

Quote:

Originally Posted by TrentS

StuffRadio.com out of Calcutta wants you to cease using your user name, for infringing upon their legal right to this specific domain name.

I've been using this username since 2004. I know you're just joking though.

Nov 2, 2012, 10:17 AM	#3
joelisfar macrumors member Join Date: Jun 2012	el phono cinco
	14

Nov 2, 2012, 10:18 AM	#5
CristobalHuet macrumors 65816 Join Date: Jan 2008 Location: Montreal	Time to dip into the warchest and pay these fools to get over it. __________________ 13" MacBook Air 2.13Ghz Core 2 Duo/4GB RAM/256GB SSD (2010) + 24" Apple LED Cinema Display 32GB iPhone 5, Black 64GB Wi-Fi iPad mini, Black
	3

Nov 2, 2012, 10:18 AM	#6
monkor macrumors regular Join Date: May 2012	Just call it El Telefono Manzana __________________ iPhone 4S - 16GB, MBP
	4

Nov 2, 2012, 10:18 AM	#7
Szarky macrumors regular Join Date: Jul 2010	iCaramba!
	73

Nov 2, 2012, 10:19 AM	#8
frayne182 macrumors 6502 Join Date: Oct 2012 Location: Canada	lol thats funny. See how this one plays out. Well that company did have it first so all the power to them. __________________ Custom Gaming PC ; Google Nexus 7 ; iPhone4 ; iPhone5
	23

Nov 2, 2012, 10:17 AM	#2
Tankmaze macrumors 6502 Join Date: Mar 2012	ipun
	0

Nov 2, 2012, 10:17 AM	#4
ollyb macrumors member Join Date: Jun 2011	buy them
	5

Nov 2, 2012, 10:20 AM	#9
Gemütlichkeit macrumors 65816 Join Date: Nov 2010	Just don't sell it there lol. __________________ "It does me no injury for my neighbor to say there are twenty gods, or no God." -Thomas Jefferson
	14

Nov 2, 2012, 10:20 AM	#10
TrentS macrumors regular Join Date: Sep 2011 Location: Overland Park, Kansas	Duh!! Yet another dumb ruling. iPhone is "different" than ifone... Duh!! What pool of resources are these countries getting their judges from?!?
	4

Nov 2, 2012, 10:22 AM	#12
deannnnn macrumors 68000 Join Date: Jun 2007 Location: New York City & South Florida	Can Apple just stop suing everyone already? Jeez.
	46

Nov 2, 2012, 10:23 AM	#14
Macrolido macrumors regular Join Date: May 2012 Location: Monterrey, Mexico	Only in Mexico... BTW is funny to see all the posts triying to talk in spanish.
	6

Nov 2, 2012, 10:24 AM	#15
Hakone macrumors 6502 Join Date: Oct 2011 Location: Southern California	iTelepono
	3

Nov 2, 2012, 10:25 AM	#16
aristotle macrumors 68000 Join Date: Mar 2007 Location: Canada	Quick, someone register a trademark Mehheco for some ass cream. They could have a tag line like "If you drink the water in Mexico, you might need some Mehheco." __________________ 15" Retina MBP, 2.7 Ghz Quad Core i7, 16 GB RAM, 768 GB SSD 24" iMac, 2.8 GHz, 4GB RAM, 320 GB HD; 64 GB iPad 4G LTE; 64 GB iPhone 4 S⃣
	3

Nov 2, 2012, 10:26 AM	#17
five.fivesix macrumors newbie Join Date: Nov 2012	frig, them... either buy the cell company... or remove iPhone for their market. if there is enough demand from their people.... they will make the it right
	4

Nov 2, 2012, 10:26 AM	#18
BobbyRond macrumors regular Join Date: Dec 2011 Location: The Hague, The Netherlands	I wouldn't be surprised if the name iFone originated from iMac and iPod, so tracing it back to its roots... Maybe Apple will sue over the use of the i? __________________ MacBook 13" Unibody 2.0 GHz / 4 GB 1066 MHz / 1 TB 5400 RPM / OS X ML 10.8 iPhone 5 64 GB Black \| iPod Classic 30 GB White AirPort Express \| Apple TV
	11

Nov 2, 2012, 10:26 AM	#19
grimace2 macrumors newbie Join Date: Nov 2012	Apple Started It Apple deserved to lose... they picked this fight to begin with! The initial cease and desist lawsuit against iFone was a real scumbag move by Apple. Reminds me of Monster Cable suing every company that used the term "Monster" for anything! Apple is nothing more than a trademark troll, plain and simple.
	70

Nov 2, 2012, 10:31 AM	#24
everything-i macrumors 6502 Join Date: Jun 2012 Location: London, UK	That's crazy, you can't expect an established company to change its name just because it sounds like one of your products. This is just wrong on so many levels.
	28

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