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Apple Has Lost Their Legal Claim To The Iphone Name In Mexico - Phones - Nairaland

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Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by dotnaija: 9:41am On Nov 02, 2012


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.

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Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by Ayhor2unde(m): 1:49pm On Nov 02, 2012
this is good news
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by 2kurupt(m): 3:30pm On Nov 02, 2012
Apple must really think that being an American firm alone gives them the right to sue just about anybody, anywhere.
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by diehard(m): 8:16am On Nov 03, 2012
NEWS
Apple lose iPhone name in Mexico, revise statement in UK
02 November, 2012 | Comments (131) | Post your comment
Tags: Apple, Samsung, iPhone, Misc
Apple's courtroom troubles cast gloomy shadow on a day that should've been remembered for the launch of the iPad mini.


Apple fought in court against Mexican telecom iFone over similarly sounding names. Arrogance or ignorance, Apple didn't have much of case there, as the iFone trademark was registered four years before the first records of the iPhone name.
So, not only have Apple lost in Mexico but iFone is now countersuing Apple for infringement claiming damages to the amount of 40% of all iPhone sales in Mexico to date. Apple will also lose the right to sell phones under the iPhone brand in Mexico. This happens just in time for the iPhone 5 scheduled launch in the country, though it’s not clear whether the iPhone 5 will be affected or the generation to follow.
The bad defeat in Mexico means Apple will have to pay loads of money but it is not the only piece of bad news. With their claim against Samsung rejected by a UK court, Apple were ordered to issue a public statement, including on their own web page, that Samsung didn’t copy Cupertino’s designs. Apple complied but it turned out the court wasn't happy with their wording and ordered it revised. Here is the latest version of the statement:
On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet Computers, namely the Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's Community registered design No.0000181607-0001. A copy of the full judgment of the High Court is available on the following link. The judgement has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18th October 2012. A copy of the Court of Appeal's judgement is available on the following link. There is no injunction in respect of the Community registered design in force anywhere in Europe.
Finally, to make things even worse for Apple, Samsung is requesting Apple VP of Marketing Phil Schiller for questioning in court regarding Apple’s seek of ban for various Samsung products. Samsung claims Schiller’s newest written testimony includes statements that are "new or in conflict with his testimony at trial".
Apple tried to fight this, but the judge ordered Phil Schiller to make himself available for questioning before November 5th.
Source 1 | Source 2 | Source 3
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by ogedanny: 3:36pm On Nov 03, 2012
They ought to have known that iFone is a brand in mexico before they penetrated the market.
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by Akeks(m): 5:18am On Nov 04, 2012
Pls guys i want to get a smart phn operating sys. ans i'll need ur advice on which one 2 go 4. IPad, Android, Apple, IPhone, e.t.c... If dea're any more. Thnks... (and if a price estimate can be given 2 knw da affordability as well i'll be greatful).
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by AtheistD(m): 8:08am On Nov 04, 2012
ogedanny: They ought to have known that iFone is a brand in mexico before they penetrated the market.

Exactly. They should have either paid them off or negotiated a deal.
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by dotnaija: 5:15pm On Nov 05, 2012
they are tryn to be smart
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by luluosas(m): 9:06am On Nov 07, 2012
The heat is gradually turning on Apple.
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by luluosas(m): 9:09am On Nov 07, 2012
Akeks: Pls guys i want to get a smart phn operating sys. ans i'll need ur advice on which one 2 go 4. IPad, Android, Apple, IPhone, e.t.c... If dea're any more. Thnks... (and if a price estimate can be given 2 knw da affordability as well i'll be greatful).
Guy, if you are talking of phone OS, then, it should be Android, iOS, BlackBerry, Symbiam, Windows etc. Though BlackBerry is a brand but, it is an operating system as well, not like you are saying IPhone or IPad. Thank you.
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by dotnaija: 7:45pm On Nov 07, 2012
u think so
Re: Apple Has Lost Their Legal Claim To The Iphone Name In Mexico by UncleJJ(m): 10:52pm On Nov 07, 2012
Dont you understand, thier expanding. cool

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