The court of Mexico City has rejected the claim of company Apple, demanding to forbid the Mexican telecommunication company iFone to use the name in Mexicothe Court of Mexico City has rejected the claim of company Apple, demanding to forbid the Mexican telecommunication company iFone to use the name in Mexico as it is conformable W a brand iPhone. The court has considered that the brand iFone has been registered in Mexico for four years earlier, than iPhone, and has passed the corresponding decision - not in favour of Apple.
the Decision of capital court is connected with the claim which has been submitted by company Apple in 2009. In this claim Apple which has let out the iPhone on the market of Mexico in 2007 and then has registered a brand iPhone in this country, has demanded, that the local company iFone has ceased to use the brand as it foneticheski is conformable W the name iPhone. This similarity, according to Apple, is capable to mislead consumers. The company iFone renders telecommunication services and specialises on manufacture of communications systems and the software 4 koll - the CTRs. It is interesting that in Mexico Apple has registered a brand iPhone in a class 9 (computers, chambers, the software and mobile devices) and in a class 28 (game devices). Aspiring to strengthen brand positions in the market of Mexico, Apple has decided to register it also in a class 38 (telecommunication services) though in a class 38 the brand iFone has already been registered.
Submitting the claim, company Apple has not considered or has not considered the important one fact: iFone has registered a brand iFone in Mexico in 2003, that is four years prior to occurrence there iPhone. But the court has considered this fact and has underlined it in the decision. Company Apple tried to defend the positions, resting that iFone uses the brand inactively and consequently can be deprived the rights to it. But iFone nevertheless has managed to prove to court that uses a brand iFone in due volume.
thus, the court has rejected claim Apple and has CFMed with the right iFone to use the brand for territories of Mexico. However on it business has not ended. The Mexican company rather happy with the victory, has submitted the counterclaim against Apple. The court for the present has not started consideration of the given claim, therefore its details while are unknown. However the lawyer of the company iFone in interview to a number of the Mexican editions has declared that, in their opinion, indemnification sum should make 40 % from all sales of devices under the stamp iPhone in Mexico. He 2 has added that iFone intends to achieve an interdiction of sales in Mexico of products under a brand iPhone.