Apple loses iPhone rights

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Post by Bellabong Fri Nov 02, 2012 5:37 pm

I thought that Apple being on the verge of contempt of court in the UK was the highlight of Apple fails, but this just breaks the dam.Few

Apple Logic:
Time-travelling Mexicans stole our 2007 trademark in 2003.

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.

source: El Universal via Electronista

Sauce:

www.phonearena.com/news/Apple-has-lost-their-legal-claim-to-the-iPhone-name-in-Mexico_id36199

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Post by Potential Fri Nov 02, 2012 6:34 pm

Sums up apple perfectly!
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Post by goonbrain Fri Nov 02, 2012 7:10 pm

Karma :bow::bow::bow: banana banana banana banana banana
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Post by Zero Fri Nov 02, 2012 8:05 pm

Justice. :coffee:
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Post by Lex Fri Nov 02, 2012 9:31 pm

Lol fuq off, Apple Laughing
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Post by Onyx Fri Nov 02, 2012 10:05 pm

Didn't Apple invent iPhones?

So would that mean there can't be any future releases of iPhones?

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Post by zizzle Fri Nov 02, 2012 10:45 pm

lol, i wouldnt be surprised if that's where the name iphone came from, after all Apple has a long history of copying others and steve jobs himself said many times that 'great artists steal"
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Post by halamadrid2 Fri Nov 02, 2012 11:28 pm

Yohan Modric wrote:Didn't Apple invent iPhones?

So would that mean there can't be any future releases of iPhones?

Names are too similar, if you read it you'd know that "iFone existed before iphone and they only filed a lawsuit when apple tried to sue ifone for having a similar name to them aka trying to live off apple's fame which is clearly not true

Also they can easily negotiate something which would allow apple to still sell their iphones in mexico
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Post by Bellabong Fri Nov 02, 2012 11:32 pm

All the tech giants have a history of "copying" from something as game changing as Gates and Jobs copying a Xerox gui concept to create the Macintosh and Windows to every browser "copying" features from Opera since its inception.

In any case, iFone is in a commanding position and Apple has to weigh the costs of creating a brand new brand identity for the iPhone in Mexico to the amount of money iFone would demand. I doubt that they would be lenient because Apple started this bs in its childish arrogance.

@hala if iFone win the damages suit Apple is going to have to pay a huge sum to settle this matter.

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Post by FalcaoPunch Sat Nov 03, 2012 12:15 am

iFone and iPhone damn that blows for apple.


I read a comment on another forum and they said apple should name it "iCaramba" :bow:
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Post by Bellabong Sat Nov 03, 2012 12:31 am

Damn that blows is an understatement and not even appropriate because last time I checked that's the phrase you use for a victim of unfortunate circumstance - completely the opposite in this case.

iFone was perfectly content with the existence of iPhone until Apple decided to start a war in its own arrogance and now their own lawsuit backfired on them.
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Post by Lex Sat Nov 03, 2012 12:48 am

Go iFone go :bow:
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Post by halamadrid2 Sat Nov 03, 2012 1:57 am

Phritz wrote:@hala if iFone win the damages suit Apple is going to have to pay a huge sum to settle this matter.

yh, and on top of that ifone can decide that they don't want the iphone sold in their country until they change their name, but my point was if they negotiate some sort of deal like ifone get a share of all the sales in that country then i don't think it will be hit with a massive blow sure it will cost them alot but they can pay them in an instant considering how much they rip their customers apart with astronomically high charges for their products

I think ifone will win the battle personally, more than that its up to the court and how good ifone and apples relationship is after the court verdict
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Post by FalcaoPunch Sat Nov 03, 2012 2:46 am

Phritz wrote:Damn that blows is an understatement and not even appropriate because last time I checked that's the phrase you use for a victim of unfortunate circumstance - completely the opposite in this case.

iFone was perfectly content with the existence of iPhone until Apple decided to start a war in its own arrogance and now their own lawsuit backfired on them.
Hop off my nuts.

Damn that blows for Apple trying to be the big bully in this situation and attempt to sue them. Which I believe they assumed they would win the case.


Besides this is the third time apple has lost against them. Apple tried to be the big dog and got shut down.


So yeah it blows for apple because they are "accustomed" to getting it their way. Which here proves not to be the case.
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