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Just In Time For The Holiday Season, Apple Loses iPhone Trademark In Mexico

from the live-by-IP,-die-by-IP dept

Fri, Nov 2nd 2012 3:46pm — Timothy Geigner

When it comes to trademark bullies, Apple is one of the more prolific muscle-flexers in the arena. For some time now, they've been known to be extremely aggressive over their trademarks. From the idea of having an apple in a company's logo, to the name of one's store for mobile applications, all the way to how you offer their products in your own company's contests, Apple defends their marks the way a jealous puppy defends a rawhide.

That's why, while we may agree that aggressive trademark enforcement is at times overblown and unnecessary, it's really rather fun to watch Apple have the trademark stick wrestled from their grips and get beaten over the head with it, such as when Mexico invalidates their use of the "iPhone" mark in commerce within their country. And just in time for Christmas, too! The following is a wonderful story about how a Mexican telecom company already had a mark for iFone, but even more interesting is the long history Apple has of arrogantly bullying everyone else over their attempt to validate the iPhone mark.

The Mexican company registered the trademark iFone way back in 2003, full four years before Apple filed to trademark the name iPhone (which was already owned by Linksys in US, more about that later). Apple, despite fully aware of the fact that the Mexican company owned the trademark since 2004, sued them in 2009 to invalidate the iFone trademark. So Apple wanted iFone brand to be invalidated, which was filed in 2004, because it was similar to iPhone name which was filed in 2007.

Apparently, Apple's argument for invalidating the pre-existing iFone mark in Mexico went something along the lines of, "Hey, we're Apple." This, as the article goes on to note, is something Apple did that adds to their longstanding history of not giving a damn about anyone else's trademarks. You may recall that the iPhone mark was originally owned in the US by Cisco, who settled with Apple on use of the mark. But back to iFone.

It turns out that the Mexican courts were understandably unimpressed with Apple's possibly trademarked "Hey, we're Apple" legal argument. They upheld the iFone mark and now Apple can't use the iPhone term inside of Mexico.

It means a lot of trouble for "sue first talk later" Apple which is engaged in dozens of lawsuits around the world. This decision will have a huge impact on Apple's market in Mexico and they now won't be able to use the name iPhone in the country - this decision coming before the holiday season is nothing short of A Nightmare At The Mexico City for Apple.

Apple needs to hold its horses back. It needs to stop its "sue everyone else" drive as it has started to come back and bite them.

Which is the problem with lawsuit-happy companies like Apple. They escalate the war to the point where their own extremism is met with opposite extremism to combat it. Is this whole trademark nonsense necessary? Probably not. I can't claim to be an expert on how the average Mexican citizen associates something that says iFone with Apple, but I'm guessing they're smart and in-tune with technology enough that they know the two aren't related. I could be wrong about that, but there's one thing I'm not wrong about.

It's immensely entertaining to see aggressive IP folks get bit in the ass by their own tactics.

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Filed Under: iphone, mexico, trademark
Companies: apple

35 Comments

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Alana (profile), 2 Nov 2012 @ 3:37pm

Nice to see someone sticking it where it counts for these patent trolls.
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Anonymous Coward, 2 Nov 2012 @ 3:58pm

LOL
iFucked
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monkyyy, 2 Nov 2012 @ 4:02pm

kick starter for ifones legal fees?
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Shadow Dragon (profile), 2 Nov 2012 @ 4:07pm

�Viva M�xico!
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arcan, 2 Nov 2012 @ 4:15pm

lets see how the trolls manage to complain about this...
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Anonymous Coward, 2 Nov 2012 @ 4:19pm

Re: LOL
Rather iGotFucked
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The eejit (profile), 2 Nov 2012 @ 4:32pm

Re:
BUT APLLE IS BIG! BIGGER THAN YOUR PENIS!

*For more penis call 1-800-iphone!
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Anonymous Coward, 2 Nov 2012 @ 4:33pm

Got what they deserved too bad its not in a bigger country where apple would actually sweat about it.
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Anonymous Coward, 2 Nov 2012 @ 4:34pm

These news must be false, everyone knows politicians are bought and paid for.
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kenichi tanaka, 2 Nov 2012 @ 4:52pm

I love Apple's argument: "Hey, We're Apple". What the F kind of argument is that? Viva la Mexico for slapping down Apple.
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Anonymous Coward, 2 Nov 2012 @ 5:17pm

no
read theverge.com for the real story
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Anonymous Coward, 2 Nov 2012 @ 5:21pm

Re: Re: LOL
iGotFuckedAtTheUsedCarLot
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Anonymous Coward, 2 Nov 2012 @ 5:22pm

Re:
They are, just not by apple
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Anonymous Coward, 2 Nov 2012 @ 6:02pm

Re: no
http://www.theverge.com/2012/11/2/3591380/iphone-ifone-and-apples-mexican-trademark-standoff-whats-r eally-going
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kenichi tanaka, 2 Nov 2012 @ 6:28pm

Re: no
Leave it to an idiot to post a link to a pro-Apple website. That site cannot be taken seriously. lols
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Anonymous Coward, 2 Nov 2012 @ 6:34pm

Re: Re: no
yeah, we should all trust TheVerge for independent, biased-free news reporting on Apple products.

/sarcasm
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Atkray (profile), 2 Nov 2012 @ 9:02pm

Re: Re:
But I want more cowbell :/
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Anonymous Coward, 3 Nov 2012 @ 2:20am

Re: Re: no
You do know The Verve has no credibility? About us much as Fox News does

Why not link to an article from a credible news source? Oh, you can't find one?
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Anonymous Coward, 3 Nov 2012 @ 3:25am

fucking good job and about time Apple had one stuck right up it. only trouble is, it doesn't/hasn't happened enough!!
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Dave, 3 Nov 2012 @ 5:16am

Good to the nth degree.
I rate this as the story of the year. It's about time Apple was shown the door and their arrogance and bullying reined in. They obviously think they're so big and influential that they can get away with anything. Someone's fought back. Jolly good show, chaps!
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Shon Gale (profile), 3 Nov 2012 @ 5:17am

From the company that stole their name and their logo. They stole the mouse and the graphics interface. Need I say more?
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slander (profile), 3 Nov 2012 @ 5:31am

Oh, the iRony...
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streetlight (profile), 3 Nov 2012 @ 6:53am

And the iPad name in China
How much did Apple pay for the iPad mark in China? $100 million?
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Nom du Clavier (profile), 3 Nov 2012 @ 9:33am

Re: LOL
iLol'd
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abda, 3 Nov 2012 @ 10:52am

Response to: Anonymous Coward on Nov 2nd, 2012 @ 4:33pm
I believe " telecome owner" is one of the wealthiest man on the planet.
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Anonymous Coward, 3 Nov 2012 @ 9:01pm

Re: Re: Re: LOL
Don't tell us what happened to you.
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Urban Sundstr�m, 4 Nov 2012 @ 10:24am

Cisco have IOS Internetworking Operating System
I think you mean IOS for Cisco not iPhone. I used IOS f�r Cisco since the 80-s. Now Apple and Cisco use it both.
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John Fenderson (profile), 4 Nov 2012 @ 9:15pm

Re: Re: no
What's funny is that even though this is a verge article, and therefore to be viewed with suspicion (as the other commenters noted), and it is apparently intending to defend Apple, it still makes Apple look terrible.
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fenixbrood (profile), 4 Nov 2012 @ 10:29pm

IOS
IOS is also used by Cisco. It stands for Cisco Internetworking Operating System. Since 1996,
http://www.cisco.com/warp/cpropub/45/tutorial.htm
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Ninja (profile), 5 Nov 2012 @ 3:07am

Re:
+10 internets for you dear sir.

I'm not an Apple hater or something but I'm GLAD to see it being owned. I hope they get owned in many, many more places and get put back on their place. Maybe then they'll focus on innovating again.

Now if only the MAFIAA could get some hard beating like that...
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Michael, 5 Nov 2012 @ 5:02am

Re: Cisco have IOS Internetworking Operating System
Cisco had iPhone also.
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Michael, 5 Nov 2012 @ 5:05am

New Term
iSuit

A legal action taken against a person or company with much less money to take away something obviously rightfully theirs.
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Anonymous Coward, 5 Nov 2012 @ 8:51am

Re: Cisco have IOS Internetworking Operating System
Yes, Apple actually licenses IOS from Cisco.
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Sheogorath (profile), 18 Feb 2013 @ 11:54pm

Re: Re:
@ Ninja: The MAFIAA did get their asses handed to them in court. Shame it was only satirically: http://glossynews.com/society/201301140326/man-sued-for-copyright-infringement-wins-case-2/#comments
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Howie, 12 May 2015 @ 7:53pm

LCD for iPhone,ipad,samsung,sony and LG mobiles
Wholesale display for mobiles LCDs display screen assembly,Brand new original Grade A+,pls contact me,thx
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