Feeds

Mexico to Apple: You WILL NOT use the name 'iPhone' here

We don' need no stinkin' badge lawsuits

SANS - Survey on application security programs

Apple has lost the right to use the word "iPhone" in Mexico after its trademark lawsuit against Mexican telco iFone backfired.

Judges sitting in Mexico's 18th District Appellate Court have ruled that iFone is the only company allowed to use the "iPhone" or "iFone" brands in the North American country.

The decision marks the end of a three-year trademark battle launched by Apple in 2009. It was an unwise move. iFone registered its trademark in 2003, Apple registered iPhone in 2007. Unable to argue that iFone was too similar to iPhone, Apple lost its lawsuit. iFone then countersued and won. Apple appealed last week and was rebuffed by the court, according to newspaper El Universal.

As a result Apple lost the right to trade using the iPhone brand, and the ruling could be applied retroactively: iFone may be able to claim a cut of the profits Apple has made using the iPhone name in Mexico since it launched five years ago.

iFone's lawyer Eduardo Gallástegui told the Mexican newspaper that the next stage of the legal process will involve cheques from Apple. Here's a rough translation:

All that remains is processing claims for invasion of brand. Additionally, they face a sanction of up to 20,000 days at minimum wage rate, and iFone shall be entitled to claim compensation for damage caused by the invasion of their brand. These damages may not be less than 40 per cent of the sales of iPhone services in Mexico, as provided by law.

Presumably Apple is going to have to reach deep into itds record-breaking profits to smooth this one over. And after this ruling, it will have few cards to play when brokering a deal with iFone to licence the trademark in future. It's not great timing, with the iPhone 5 due to arrive in Mexico later today.

Coming within a week of Apple's humiliating public apology in UK over a patent lawsuit that it lost, Apple's habit of launching aggressive lawsuits is starting to bite it on the bum. ®

3 Big data security analytics techniques

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
APPLE FAILS to ditch class action suit over ebook PRICE-FIX fiasco
Do not pass go, do cough (up to) $840m in damages
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.