Apple Loses iPhone Trademark Dispute in Mexico
The Mexican firm launched its service four years before Apple started selling its iPhone, and both operate in the telecoms market, which the Judge upheld as cause for trademark confusion.
3 time apple appeal in Mexico over the trademark but lost once again. In result Apple has to face fine theoretical equivalent to 40% of sales. The dispute is over the trademark and only when used in context with telecommunications services, and has not yet affected sales of the smartphone in the country.
Unusually, this is not a case of a small company seeking to profit from Apple’s popularity, as was the case with China’s Proview who claimed they owned the Chines trademark and sued Apple. In the Mexican case, it was Apple that launched legal action against the long-established iFone in 2009. iFone counter-sued, and won.