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Apple Loses Trademark Claim Against iFone in Mexico
sfcrazy writes "Apple is having trouble in Mexico right before the holiday season. The company has lost rights to the name iPhone in the country, as it was already owned by a Mexican telecom company called iFone (Google translation of Spanish original). iFone registered its trademark in 2003, four years before Apple iPhone was launched. In 2009, Apple filed a complaint with the Mexican Industrial Property Institute demanding that iFone stop using is name because it could confuse users. That claim was since denied, and iFone is looking to turn the tables."
...as Samsung quickly buys out iFone.
For "defensive IP," of course.
When it comes to Apple, never attribute to incompetence what can be better explained by malice.
Has there ever been a trademark infringement lawsuit, where the defendants had both been using the trademark in the market and had originated it before the plaintiffs, and where the plaintiffs won the case?
I seem to recall that in the late 60's some 'popular beat combo' going by the strange name of 'The Beatles' had a music production company called 'Apple'.
They tried to sue an upstart popular IT company of the same name and lost because that IT company was not in the music business... In fact, as part of the settlement they each signed an agreement that they would not use their trademarks in competing businesses.
If you research the followup on that, where Apple music inc. tried to enforce that agreement years later when iTunes launched, I think you will find your first example of how this can happen.
"Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes