The giant has been slayed.
Apple, Inc. lost to a trademark case against MyPhone, or rather its company, Solid Broadband, before the Intellectual Property Office of the Philippines (IPOPHL), according to news reports.
This was over Apple’s opposition to Solid Broadband’s trademark application for “my|phone” as it was “confusingly similar” to the iPhone and that it may likely “deceive” or “cause confusion” among consumers, according to reports.
A copy of the decision reportedly said the following:
“This is a case of a giant trying to claim more territory than what it is entitled to, to the great prejudice of a local “Pinoy Phone” merchant who has managed to obtain a significant foothold in the mobile phone market through the marketing and sale of innovative products under a very distinctive trademark”;
“Clearly, the word ‘phone’ conveys the nature of the parties’ products and one cannot gain exclusive right to appropriate such term given that their products are mobile phones”.
The decision was signed by IPO director Nathaniel Arevalo, who also reportedly said that it was unlikely that consumers would be confused between the “iPhone” and the “MyPhone”.
According to reports, Apple can still appeal the decision of the IPO within 30 days after receipt of the copy of the decision. If no appeal is filed on time, the decision becomes final and executory.
What do you think of this? Do you think the iPhone and MyPhone are confusing??
