Apple loses trademark case to Philippines Mobile Manufacturer My|Phone

There has been a long dispute about the trademark issue between Apple and a Filipino mobile manufacturer company “Solid Broadband Corp.” Finally, Jury decision went against Apple, and the case has been dismissed by Intellectual Property Office.

Solid Broadband launched 3 mobile phone models in 2007 naming its brand as My|Phone, now they have more than 40 models available in the market. Apple claimed that My|Phone is quite similar to Apple’s trademark “iPhone,” that can create confusion between the two brands, and users may disguise.

Intellectual Property Office dismissed Apple’s claim mentioning that iPhone and My|Phone is quite different, and it doesn’t make any sense that it could create confusion among users.

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,” IPO director Nathaniel Arevalo said in the May 19 decision.

Apple still has a chance to appeal within 30 days after receiving the ruling copy. If Apple fails to appeal within 30 days or change its mind, this decision made by Intellectual Property Office would be final.

Well the sign “|” looks quite similar to “I”, but both the smartphone doesn’t match by any means. There are lots of fake models of iPhone that looks exactly like iPhone by the design and icon and known as First Copy of iPhone or duplicate iPhone etc. People are cheated many times where seller sales a fake iPhone (often when you purchase from a classified website, and you don’t know much about iOS). It has happened to some of my friends too. This issue is more serious than the brand MY|Phone that is quite different in terms of design, looks, themes, and OS. However, Apple still have a chance to appeal if Apple wants to.