Apple losses against iFone S. A.

[Crow]

A Mexican company is kicking Apple, they have now 3 years in Court.

They registered the name in  2003

La empresa iFone inició operaciones en 2002, pero fue hasta el 30 de abril de 2003 cuando registró su marca ante el IMPI y desde entonces ofrece servicios de software para más de 10 mil posiciones de call centers. Entre sus clientes están Axtel, Avaya, Maxcom y Microsoft. El iPhone de Apple vio la luz hasta enero de 2007.

Next step, they asking for the equivalency of 20,000 days minimum salary (about 2.5 million pesos, not much) and 40% of the earnings for iPhone services in Mexico for Brand Invasion (invasión de marca is the technical name)

Adicionalmente, se deben de aplicar las sanciones hasta por el importe de 20,000 días de salario mínimo e iFone estará legitimada a exigir el resarcimiento de los daños causados por la invasión a su marca. Estos daños en ningún caso serán inferiores al 40% de las ventas de servicios de iPhone en México, tal y como dispone la ley"

http://www.eluniversal.com.mx/articulos/74445.html

[Just17]

They registered the name in  3003

 

Well done that company!

[Crow]

They registered the name in  3003

 

Well done that company!

hahahaha   corrected now

[bicol_willem]

Good!  I love anything that bite´s the Apple.... 

[YouCanToo]

snicker snicker..... Apple getting a taste of it own.

[Jalbindi]

I don't read Spanish but I thought I'd translate the page through google just because it intrigued me. I have to say it was a very good article. It's good to see companies who have been around with a particular brand are standing up for themselves. It's easy to be intimidated by bigger companies.

[Tony]

It is very good to see, "the Mexican judiciary strict enforcement of law in defense of an SME against a giant such as Apple."
I'm wondering how this applies on a Global stage, could Apple go to the U.S. and sue iFone, for the same trademark dispute ?

As with Apple vs. Samsung, a English judge said Samsung had not 'copied' the look of Apple's iPhone, whereas a German judge (from memory) fined Samsung, for copying, after the English decision ?

Very confusing, in 3003

[ruel24]

As an Apple fan, I hope they lose every single case. Patents in software are bad. Let's just innovate and build the bestproduct, instead....

[Crow]

I'm wondering how this applies on a Global stage, could Apple go to the U.S. and sue iFone, for the same trademark dispute ?

I hope they do it, there is no way they can win. In the meantime they will have to pay 40% on services to iPhone if they want to work here... or buy the name at a very high premium price and only if it is for sale.

[Just17]

It is very good to see, "the Mexican judiciary strict enforcement of law in defense of an SME against a giant such as Apple."
I'm wondering how this applies on a Global stage, could Apple go to the U.S. and sue iFone, for the same trademark dispute ?

As with Apple vs. Samsung, a English judge said Samsung had not 'copied' the look of Apple's iPhone, whereas a German judge (from memory) fined Samsung, for copying, after the English decision ?

Very confusing, in 3003

I don't know what you had in mind when mentioning Global Stage ......  USA law applies to the US and other countries have their own laws.

If any corporation is operating in a country then they must abide by that country's laws.

A suit in the USA would only be applicable if both companies are operating in the USA.

Is iFone operating in the USA?

[Crow]

It is very good to see, "the Mexican judiciary strict enforcement of law in defense of an SME against a giant such as Apple."
I'm wondering how this applies on a Global stage, could Apple go to the U.S. and sue iFone, for the same trademark dispute ?

As with Apple vs. Samsung, a English judge said Samsung had not 'copied' the look of Apple's iPhone, whereas a German judge (from memory) fined Samsung, for copying, after the English decision ?

Very confusing, in 3003

I don't know what you had in mind when mentioning Global Stage ......  USA law applies to the US and other countries have their own laws.

If any corporation is operating in a country then they must abide by that country's laws.

A suit in the USA would only be applicable if both companies are operating in the USA.

Is iFone operating in the USA?

I don't think so, from their website

iFone, S.A. de C.V. es una empresa de telecomunicaciones que vende sistemas y servicios de comunicación. Cuenta con la representación de AltiGen para México, Latinoamérica y España

México, Latin America and Spain  they could sue in all those places 

[nitrogen_widget]

I wonder if Apple would of had these problems if they didn't decide to go after Samsung for essentially nothing.

[Crow]

I wonder if Apple would of had these problems if they didn't decide to go after Samsung for essentially nothing.

It was a matter of time, sooner or later some lawyer had to convince a CEO that is was worth to open that Pandora's Box

[Jalbindi]

I don't know what you had in mind when mentioning Global Stage ......  USA law applies to the US and other countries have their own laws.

That is true however it is also not as cut and dry as that. From a legal standpoint any victory that Apple makes in the US sets a type of precedent that could then be argued in other courts in other countries. When Apple won their victory in the US against Samsung for $1bil it had created the same legal cases in the UK, Germany and so on. Their argument would have been backed by the fact they had won in the US which for a country like the UK with the same form of legal system in theory would have meant a victory. That of course didn't happen, but other parts of Europe I think in particular Germany did see the same way as the US judge.

So yes, whilst you're technically right, each national laws to their own in these cases. They can use those positive judgments as a basis or foundation to argue in other parts of the world.

[Just17]

I don't know what you had in mind when mentioning Global Stage ......  USA law applies to the US and other countries have their own laws.

That is true however it is also not as cut and dry as that. From a legal standpoint any victory that Apple makes in the US sets a type of precedent that could then be argued in other courts in other countries. When Apple won their victory in the US against Samsung for $1bil it had created the same legal cases in the UK, Germany and so on. Their argument would have been backed by the fact they had won in the US which for a country like the UK with the same form of legal system in theory would have meant a victory. That of course didn't happen, but other parts of Europe I think in particular Germany did see the same way as the US judge.

So yes, whilst you're technically right, each national laws to their own in these cases. They can use those positive judgments as a basis or foundation to argue in other parts of the world.

Judgements outside the jurisdiction have no legal basis in a court case.

Just as the UK and Germany (as examples) had their own court proceedings, the results of similar cases in other jurisdictions did not affect those court decisions which have to be based on applicable law in the jurisdiction.

Thus results from a jurisdiction with different laws cannot be used as a basis for an argument in another jurisdiction's court proceedings.