Apple vs MyPhone Trademark Case Dismissed

Apple vs MyPhone trademark case was dismissed by Intellectual Property of the Philippines (IPOPHL) on May 19.

Apple vs MyPhone

Apple vs MyPhone

 

It was said that the reason for dismissal is the insufficiency of proof in Apple’s claim that MyPhone is a ‘copy cat’ of its iPhone model.

On June 1, 2015, the dismissal of Apple vs MyPhone trademark case was confirmed through a post on the latter’s official Facebook page.

In 2007, Solid Broadband Corporation introduced MyPhone as the first locally branded cellphone in the Philippines. Apple Inc. filed a trademark case against the said corporation pointing out that ‘MyPhone’ is somewhat similar to their ‘iPhone’ and it was “likely to deceive or cause confusion” to the users.

IPO director Nathaniel Arevalo made a comment in relation to the decision last May 19 saying “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,” .

Moreover, what Arevalo said about Apple vs. MyPhone trademark case  was ” there is absolutely no confusing similarity between MyPhone trademark (of Solid) and the iPhone trademark (of Apple).”

While the marks are similar with respect to the word ‘phone’, it is not sufficient to conclude that confusion among the consumers is likely to occur. ‘Phone’ is a generic term for products mobile phones,” he also said

IPOPHL official said, ”The buying public should be credited with a modicum of intelligence and discernment in purchasing articles, such as gadgets and mobile phones… The fame and popularity of iPhone in fact makes it improbable for one to confuse MyPhone product as an iPhone.”

ABS-CBN report that Solid is very much aware that  Apple can still file an appeal  within 30 days after receipt of a copy of  IPO’s decision. Should there be no appeal from Apple within the specified time, IPO’s decision becomes final and executory,

 

It was not the first time that Apple filed a case against a competitor, but unlike the result of Apple’s trademark case against MyPhone, Apple Inc. won it’s patent case against Samsung in 2012 after a California federal jury concluded that there is an infringement by the latter on some of Apple’s patents, which was obvious in some of Samsung’s smartphones and tablets.

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