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by rayiner 4970 days ago
> Yes, lawyers are salaried, but having this ridiculous court battles just increases the number of lawyers needed, thus increasing their average salary.

How is this an example of a "ridiculous court battle?"

We have trade-marks so businesses can build a brand and keep people from free-riding on their good-will. Trademarks are fairly arbitrary and not intrinsically valuable, so the only real consideration at play is that people use different ones, to minimize confusion.

"iFone" and "iPhone" are confusingly similar. Somehow, you have to decide who gets to use the mark in Mexico.
2 comments
markokocic 4970 days ago
IMHO, this _is_ an example of ridiculous court battle. AFAIU Apple is trying for years to destroy iFone trademark in Mexico, although any non-salaried lawyer would just say it's a lost battle.

And battling lost battles over and over with 0.1% of a chance to win for years just out of hope that, by same miracle or mistake, they could win the case is ridiculous. I'd rather them spend their money on innovation, but that's just my opinion, and the money they spend on lawyers is just their money :)

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biturd 4969 days ago
Do you feel they are confusingly similar when used in context?

"I have my cellular service with ifone" "I love my new iPhone" "ifones service sucks" "The iPhone sucks"

Even in the last two comparisons, conversationally, I don't see anyone being confused. Apples product is large enough it is a household name now. That helps disrupt that confusion. Conversely, were Apples product not well known, this would just go under the radar and no one would be confused either.

I understand legally you must protect you trademark, though in this case I'm seeing it as falling into the clause of "if those marks offer identical or similar offerings".

IANAL but doesn't one being a product and one being a service pretty much nullify the need to protect or defend the trademark on either side? That's how I'm seeing this one.

Now, were Apple to purchase a telco, that would change everything for me, even if they kept their new shiny telcos name as it previously existed.

I did read Apple started a new wireless research division. Perhaps one day we won't all be tethered to mandatory text messaging fees and bandwidth rates that are truly extortion in my opinion.

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