Apple has reportedly lost ownership of 'iPhone' trademark in Mexico [u]
A court in Mexico has ruled that the name iPhone is too similar phonetically to local brand iFone, and has denied Apple's appeal to cancel one of the Mexican company's trademark rights.
Update: A report from The Verge explains that Apple has not been stripped of the "iPhone" moniker in Mexico, as the dispute pertains to a lost appeal to have iFone relinquish rights to a certain class of trademark. This article has been updated to reflect the new information.
Apple has tried and failed to obtain the iFone name after the first-generation iPhone debuted. After Apple's setback, iFone countersued and sought damages, though that trial is still pending.
iFone sells communications systems and services, including IP-based telephony, virtual office services, and software for switching systems.
Apple did not own the iPhone trademark when it introduced the device in 2007. Following the product's announcement, Cisco suedfor infringement, but the two companies reached a settlement a month later.
Apple also did not own the name in 2010, as Fujitsu released the first product to carry that name in 2002. Days before Apple's iPad was announced, the Cupertino, Calif., company acquired the trademark from Fujitsu.
While those matters were settled quickly, ownership of the iPad name in China proved to be a more complicated battle for Apple. After a months-long dispute, Apple finally obtained the iPad trademark from a company named Proview for $60 million this July.
Update: A report from The Verge explains that Apple has not been stripped of the "iPhone" moniker in Mexico, as the dispute pertains to a lost appeal to have iFone relinquish rights to a certain class of trademark. This article has been updated to reflect the new information.
The iFone trademark was registered in 2003, four years before the launch of the first iPhone, as noted by Electronista. Apple's courtroom loss actually stems from a suit filed by the company itself in 2009, in an attempt to stop the iFone brand from using its name.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.
Apple has tried and failed to obtain the iFone name after the first-generation iPhone debuted. After Apple's setback, iFone countersued and sought damages, though that trial is still pending.
iFone sells communications systems and services, including IP-based telephony, virtual office services, and software for switching systems.
Apple did not own the iPhone trademark when it introduced the device in 2007. Following the product's announcement, Cisco suedfor infringement, but the two companies reached a settlement a month later.
Apple also did not own the name in 2010, as Fujitsu released the first product to carry that name in 2002. Days before Apple's iPad was announced, the Cupertino, Calif., company acquired the trademark from Fujitsu.
While those matters were settled quickly, ownership of the iPad name in China proved to be a more complicated battle for Apple. After a months-long dispute, Apple finally obtained the iPad trademark from a company named Proview for $60 million this July.
Comments
And "iTelephono"?
Mexican people don't know the difference between an "F" and a "PH?
Seriously, who is going to confuse iFone with an iPhone?
What does the ruling mean, that Apple will have to change the name of the iPhone in Mexico or something? That sounds ridiculous, and that is obviously not going to happen.
Screw that, Mexico is not an important country and I doubt that they are an important market for Apple, and I would suggest that Apple also pull out of Mexico. Heck, it wouldn't bother me if Apple were USA only from now on. Apple would still be a very profitable company if that were to happen, just on a smaller scale. The bigger Apple gets, the less the stock market seems to appreciate Apple. Let the foreigners all buy Android phones or Windows phones, because they wouldn't have any other choice.
Originally Posted by paxman
The iPhone is a misleading name. Its a phone, sure, but is that it's main function?
iVrything.
Quote:
Originally Posted by Apple ][
Mexican people don't know the difference between an "F" and a "PH?
The article says the issue is there's no phonetic difference, as in iFone and iPhone sound the same when you say them.
iTelèfono
Quote:
Forget the alternate spelling. Just keep it spelled "iPhone", and change the Spanish product pronunciation to "eep-HO-neh" in Spanish.
eep-HO-neh? That was funny! Yeah!
Quote:
Originally Posted by LighteningKid
The article says the issue is there's no phonetic difference, as in iFone and iPhone sound the same when you say them.
I understand that, but looking at their homepage, it doesn't even look like they sell any phone, so I hardly see how the two can be confused.
This is one ugly looking homepage by the way.
http://www.ifone.com.mx/
"Mexican people don't know the difference between an "F" and a "PH?"
Pay attention -- that was Apple's claim when THEY initiated the lawsuit -- that the names sounded the same phonetically.
"Seriously, who is going to confuse iFone with an iPhone?"
No one. That was Apple's claim when THEY initiated the lawsuit.
Apple tried to sue a Mexican company who trademarked the name "iFone" four years before Apple trademarked "iPhone". This lawsuit was not originated by iFone, it was originated by Apple. Apple lost, got counter-sued, and lost again. Serves them right.
Quote:
Originally Posted by LighteningKid
Quote:
Originally Posted by Apple ][
Mexican people don't know the difference between an "F" and a "PH?
The article says the issue is there's no phonetic difference, as in iFone and iPhone sound the same when you say them.
That's because in Spanish iPhone is pronounced as it sounds in English due to the fact that it is a brand name. This is the the case with many foreign words however in the case of iFone, if pronounced phonetically in Spanish it would not be the same at all. If it is indeed being pronounced the same as iPhone then it is also being treated as an English brand name.
"Mexican people don't know the difference between an "F" and a "PH?"
Pay attention -- that was Apple's claim when THEY initiated the lawsuit -- that the names sounded the same phonetically.
"Seriously, who is going to confuse iFone with an iPhone?"
No one. That was Apple's claim when THEY initiated the lawsuit.
Apple tried to sue a Mexican company who trademarked the name "iFone" four years before Apple trademarked "iPhone". This lawsuit was not originated by iFone, it was originated by Apple. Apple lost, got counter-sued, and lost again. Serves them right.
Quote:
Originally Posted by Tallest Skil
iVrything.
I like it. Specially for the white one.
this is nonsense!
iFone in Spanish has to be pronounced with the "e" sound at the end.
Left out of the AI article is that an injunction on sales of Apple's iPhone could be enforced, blocking it from the Mexican market according to the story. Apple has no rights to market/sell under the iPhone name in Mexico. I imagine the pressure is on Apple to come to a monetary agreement with the trademark holder sooner rather than later.
Quote:
Originally Posted by Gatorguy
Left out of the AI article is that an injunction on sales of Apple's iPhone could be enforced, blocking it from the Mexican market according to the story. Apple has no rights to market/sell under the iPhone name in Mexico.
Do you know how easy it is to smuggle things into Mexico? There are no customs. You drive right in. There won't be a shortage of iPhones or machine guns.
Quote:
Originally Posted by mstone
Do you know how easy it is to smuggle things into Mexico?
..and out of Mexico.
However, I think that it should only matter if the name of a product is within the same group of products. If a company is named "iPhone" it shouldn't matter because the Apple iPhone is a telecom product. If the products are not in the same field, it shouldn't matter. A car named "iPhone" should be permitted as it doesn't conflict with sales of the Apple iPhone.
Quote:
Originally Posted by mstone
Do you know how easy it is to smuggle things into Mexico? There are no customs. You drive right in. There won't be a shortage of iPhones or machine guns.
Machine guns are probably easier to get, because they get them straight from the US govt.
Quote:
Originally Posted by Gatorguy
Quote:
Originally Posted by mstone
Do you know how easy it is to smuggle things into Mexico?
..and out of Mexico.
Well easy is relative. If you consider that Mexican drug smugglers recently decided that digging a tunnel for a half mile under the border was the easiest way to get into the US then I guess everything is easy.