Apple sues iFone in Mexico, and loses. Lawsuits can be a double edged sword - Polidicks

[quote] [IMG]http://i-cdn.phonearena.com/images/article/36199-image/Apple-has-lost-their-legal-claim-to-the-iPhone-name-in-Mexico.jpg[/IMG] Apple may have solved their [URL="http://www.phonearena.com/news/Apple-pays-60-million-to-settle-suit-with-Proview-and-to-keep-Apple-iPad-name-in-China_id31792"]trademark problems in China[/URL], 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.[/quote] Source: [URL]http://www.phonearena.com/news/Apple-has-lost-their-legal-claim-to-the-iPhone-name-in-Mexico_id36199[/URL] [URL]http://www.electronista.com/articles/12/11/01/mexican.ifone.registered.trade.name.four.years.before.apple/[/URL]

[quote]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.[/quote] Wow, even for Apple this is dumb.

[quote] the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone. [/quote] Such a blatant abuse of power it's unbelievable (though considering the shit that's been going on lately, it shouldn't surprise anyone). Apple clearly has a bad case of megalomania if they think they can swing this shit in their favor despite the glaringly obvious fault in their logic. It's an insult not only to the company they're suing but also the entire legal system. I hope they lose and get to pay every last cent.

[QUOTE=Electrocuter;38287050]Wow, even for Apple this is dumb.[/QUOTE] Not really, it's like two children fighting over a seat. "I was here first!" "Well I want it and I'm more popular!" I could easily see Apple doing something like that.

[QUOTE=Snowmew;38287163]Not really, it's like two children fighting over a seat. "I was here first!" "Well I want it and I'm more popular!" I could easily see Apple doing something like that.[/QUOTE] I can see several companies easily doing that.

[QUOTE=Snowmew;38287163]Not really, it's like two children fighting over a seat. "I was here first!" "Well I want it and I'm more popular!" I could easily see Apple doing something like that.[/QUOTE] Acutally, this is far worse than any analogy you could think of with children fighting over something. This is a huge corporation using its stance and financial power to try and sidestep the law. And it isn't just Apple. Samsung, Microsoft, Google etc are all abusing the shit out of the system to add to their financial margins. If any of these corporations were based in Europe they'd be on the recieving end of some serious antitrust charges from the European Commission.

-Whoops

Like, were talking a whole 4 years before apple even unveiled the iphone. [editline]2nd November 2012[/editline] seriously gotta side with the Mexican company. 2003 trademark vs 2007 one.

[QUOTE=Nikota;38287933]Like, were talking a whole 4 years before apple even unveiled the iphone. [editline]2nd November 2012[/editline] seriously gotta side with the Mexican company. 2003 trademark vs 2007 one.[/QUOTE] That and the fact that the company doesn't even manufacture phones. Its just a telecom. I would have a hard time believing there is brand confusion here.

[QUOTE=Greenen72;38287822]It's not patent trolling if the person they're trolling is apple :-)[/QUOTE] it's not patent trolling if it's a real company that does things

Mexico has a carrier called iFone? That's something new I've heard.

i'll admit that when this shit happens to apple i am actually glad. i can onyl hope to live to see the day where their company makes that one big mistake. i want to see s.s. iproduct hit that iceberg

[QUOTE=daijitsu;38288358]it's not patent trolling if it's a real company that does things[/QUOTE] Whoops, the article made it sound like they didn't get around to patenting it until 2007, and someone nabbed the patent in the interim

[QUOTE=Greenen72;38288688]Whoops, the article made it sound like they didn't get around to patenting it until 2007, and someone nabbed the patent in the interim[/QUOTE] Um no it didn't [quote]trademarks of iFone, [B]a Mexican telecommunications company[/B].[/quote] [editline]2nd November 2012[/editline] The iPhone wasn't even a thing pre 2004

[QUOTE=Jund;38288776]Um no it didn't [editline]2nd November 2012[/editline] The iPhone wasn't even a thing pre 2004[/QUOTE] Uhh yeah so a telecom company can't patent troll? My point is that I didn't know the iFone actually predated the iPhone, and the sentence " the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone" leaves room for misunderstanding to someone who doesn't know the release dates of all the apple products :-)

[QUOTE=Greenen72;38288852]Uhh yeah so a telecom company can't patent troll? My point is that I didn't know the iFone actually predated the iPhone, and the sentence " the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone" leaves room for misunderstanding to someone who doesn't know the release dates of all the apple products :-)[/QUOTE] the first iPhone wasn't released til June 29 of 2007

>:-(

[QUOTE=demoguy08;38287271]Acutally, this is far worse than any analogy you could think of with children fighting over something. This is a huge corporation using its stance and financial power to try and sidestep the law. And it isn't just Apple. Samsung, Microsoft, Google etc are all abusing the shit out of the system to add to their financial margins. If any of these corporations were based in Europe they'd be on the recieving end of some serious antitrust charges from the European Commission.[/QUOTE] Exactly, there's just not enough regulations on businesses in America

[QUOTE=Greenen72;38288852]Uhh yeah so a telecom company can't patent troll? My point is that I didn't know the iFone actually predated the iPhone, and the sentence " the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone" leaves room for misunderstanding to someone who doesn't know the release dates of all the apple products :-)[/QUOTE] "a full four years before Apple filed to trademark the iPhone" how could you misunderstand that?

[QUOTE=Greenen72;38288852]Uhh yeah so a telecom company can't patent troll? My point is that I didn't know the iFone actually predated the iPhone, and the sentence " the iFone trademark was filed in Mexico in 2003, a full four years before Apple filed to trademark the iPhone" leaves room for misunderstanding to someone who doesn't know the release dates of all the apple products :-)[/QUOTE] No, but it may leave room for misunderstanding to those who lack basic reading and comprehension skills. :-)

this shit is as retarded as [url]http://www.webpronews.com/apple-sues-online-grocery-store-over-its-logo-2012-09[/url] and btw the retailers called AP.L, and the logo was a pear, plus, they were deciding on using it, but weren't yeah.

[QUOTE=J!NX;38289913]this shit is as retarded as [url]http://www.webpronews.com/apple-sues-online-grocery-store-over-its-logo-2012-09[/url] and btw the retailers called AP.L, and the logo was a pear, plus, they were deciding on using it, but weren't yeah.[/QUOTE] "In essence, Apple says that a grocery store has copied its logo, which is associated with electronics, to sell fruits and vegetables." this is the best thing

[QUOTE=daijitsu;38290085]"In essence, Apple says that a grocery store has copied its logo, which is associated with electronics, to sell fruits and vegetables." this is the best thing[/QUOTE] introducing the new revolutionary iApple [thumb]http://blog.acorn-is.com/wp-content/uploads/apple-full2.jpg[/thumb] Now they're allowed to sue fruit salesmen, see? totally justified for suing AP.L

I can only hope that this Sue helps out the Middle Land between North and South America. Maybe with a better economy, people will go back? *Fingers Crossed*

iCaramba.

Is it just me, or are Apple's lawsuits becoming more frequent and public since Jobs died?

[QUOTE=Matrix374;38289669]"a full four years before Apple filed to trademark the iPhone" how could you misunderstand that?[/QUOTE] It's crazy, I know, but I've heard of cases where someone nabs a right over something before the 'legitimate' owner of it. Since trademarking is not release, and not having a rageboner over apple enough to know the iphone release date, I read that the mexican company nabbed the rights before apple got around to getting them in mexico

[QUOTE=Greenen72;38290725]It's crazy, I know, but I've heard of cases where someone nabs a right over something before the 'legitimate' owner of it. Since trademarking is not release, and not having a rageboner over apple enough to know the iphone release date, I read that the mexican company nabbed the rights before apple got around to getting them in mexico[/QUOTE] stop arguing the semantics of how you read the line, you're not proving anything here.

[QUOTE=Greenen72;38290725]It's crazy, I know, but I've heard of cases where someone nabs a right over something before the 'legitimate' owner of it. Since trademarking is not release, and not having a rageboner over apple enough to know the iphone release date, I read that the mexican company nabbed the rights before apple got around to getting them in mexico[/QUOTE] It's not that case at all. Apple just released the ipod as this experimental thing and the iphone wasnt even a fucking idea yet. Reading comprehension man.

[QUOTE=Greenen72;38290725]It's crazy, I know, but I've heard of cases where someone nabs a right over something before the 'legitimate' owner of it. Since trademarking is not release, and not having a rageboner over apple enough to know the iphone release date, I read that the mexican company nabbed the rights before apple got around to getting them in mexico[/QUOTE] Just stop trying to rationalize having said something stupid and admit you said something stupid. The longer you go on about defending it the more idiotic you look. Nobody cares, you can just go "derp" and drop it.