Jump to content



Photo

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


  • Please log in to reply
24 replies to this topic

#1 (Spork)

(Spork)

    ANDROID-APPLE

  • 4,786 posts
  • Joined: 20-August 07

Posted 02 November 2012 - 14:10

http://www.phonearen...-Mexico_id36199



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.


#2 articuno1au

articuno1au

    Neowinian Senior

  • 4,470 posts
  • Joined: 20-March 11
  • Location: Brisbane, Australia

Posted 02 November 2012 - 14:14

That's pretty retarded on Apple's behalf..

I know why they did it, but damn that's funny.

Perhaps next time they should just leave it alone >.>

#3 vetneufuse

neufuse

    Neowinian Senior

  • 16,766 posts
  • Joined: 16-February 04

Posted 02 November 2012 - 14:16

just call it the iTelephono and get it over with

#4 .Neo

.Neo

    Generic User

  • 17,482 posts
  • Joined: 14-September 05
  • Location: Amsterdam, NL
  • OS: OS X Mavericks
  • Phone: iPhone 5s

Posted 02 November 2012 - 14:19

yoTeléfono

#5 Hum

Hum

    totally wAcKed

  • 62,539 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 02 November 2012 - 14:19

How about iGoof :laugh:

#6 theyarecomingforyou

theyarecomingforyou

    Tiger Trainer

  • 16,297 posts
  • Joined: 07-August 03
  • Location: Terra Prime Profession: Jaded Sceptic
  • OS: Windows 8.1
  • Phone: Galaxy Note 3 with Galaxy Gear

Posted 02 November 2012 - 14:23

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.


This is exactly what is wrong with modern business - rather than accept that the iFone brand is legitimate and simply rebrand the iPhone for that country Apple decided to sue them to invalidate their trademark. Nobody in their right mind could think that this is acceptable behaviour yet when there's money involved nobody cares about doing what's right.

#7 freedonX

freedonX

    Neowinian

  • 146 posts
  • Joined: 23-December 09

Posted 02 November 2012 - 14:30

Though I don't agree that Apple sued that company. But this coming from someone who lives in Mexico, I think it's a dumb the mexican court decided in favor of iFone (like I said, I don't agree that Apple sued them in 2009). But come on, you don't pronouce iFone and iPhone the same. It's not apple's fault, those who have english as their second language pronouce iPhone like iFone and think of the same thing. One is an english word, the other a spanish word. There is a slight pronunciation from that.

#8 Rodrigo

Rodrigo

    Neowinian Senior

  • 1,699 posts
  • Joined: 24-May 03
  • Location: Mexico

Posted 02 November 2012 - 14:39

Though I don't agree that Apple sued that company. But this coming from someone who lives in Mexico, I think it's a dumb the mexican court decided in favor of iFone (like I said, I don't agree that Apple sued them in 2009). But come on, you don't pronouce iFone and iPhone the same. It's not apple's fault, those who have english as their second language pronouce iPhone like iFone and think of the same thing. One is an english word, the other a spanish word. There is a slight pronunciation from that.


Who in their right mind (unless obviously being a huge fanboy) would say "I think it's a dumb the mexican court decided in favor of iFone". Seriously?

And that's THE WHOLE POINT, the brand doesn't even sound the same but still Apple decided to sue because of the similarities of the name. Apple was just trying to be a bully and they are getting exactly what they deserve. Plain AND simple.

#9 FloatingFatMan

FloatingFatMan

    Resident Fat Dude

  • 15,681 posts
  • Joined: 23-August 04
  • Location: UK

Posted 02 November 2012 - 14:39

^ Um... no.. In English.. iFone and iPhone have identical pronunciations The letters "ph" in English forms an "F" sound.

It's 100% completely right and proper that iFone won this case. Their trademark predates Apple's by 4 years andit's in the same market area. Apple had zero leg to stand on here and it was reprehensible that they should have tried to steal another company's trademark.

Time to rename their iPhone to iGotPwnd.

#10 Kirkburn

Kirkburn

    Mmm, delicious sanity.

  • 6,741 posts
  • Joined: 03-April 06
  • Location: Bristol, UK

Posted 02 November 2012 - 14:40

But come on, you don't pronouce iFone and iPhone the same. It's not apple's fault, those who have english as their second language pronouce iPhone like iFone and think of the same thing. One is an english word, the other a spanish word. There is a slight pronunciation from that.

Out of interest, how are they pronounced differently?

#11 Ryoken

Ryoken

    The Other Other White Meat

  • 2,454 posts
  • Joined: 10-September 09
  • Location: Nova Scotia, Canada
  • OS: Windows 7 x64, MacOS
  • Phone: iPhone 4S, Nexus 7, iPad Mini

Posted 02 November 2012 - 14:43

In other news, Apple purchased the iFone company, and shut it down on the same day...

#12 Glassed Silver

Glassed Silver

    ☆♡Neowin's portion of Crazy♡☆

  • 10,729 posts
  • Joined: 10-June 04
  • Location: MY CATFORT in Kassel, Germany
  • OS: OS X ML; W7; Elementary; Android 4
  • Phone: iPhone 5 64GB Black (6.0.2)

Posted 02 November 2012 - 14:46

Ugh... wouldn't have wakened the sleeping dogs...
This had trouble written all over it... :rolleyes:

Glassed Silver:mac

#13 linsook

linsook

    Neowinian Senior

  • 3,637 posts
  • Joined: 20-August 01

Posted 02 November 2012 - 14:49

Out of interest, how are they pronounced differently?


haha http://www.forvo.com/word/fone/#pt hows this?

#14 abandonedaccount

abandonedaccount

    Neowinian

  • 104 posts
  • Joined: 05-July 11
  • Location: Ottawa, ON

Posted 02 November 2012 - 14:56

Pretty sure Apple with buy them off or bribe them to use the name.

#15 amnesiality

amnesiality

    Neowinian

  • 1,033 posts
  • Joined: 26-November 10

Posted 02 November 2012 - 14:58

¡híjole! phone