iPhone maker Apple has lost to a Philippine company over a trademark issue, saying My|Phone is "confusingly similar" to its flagship iPhone.
Philippines' Intellectual Property Office (IPO) dismissed the case against Solid Broadband on the ground that "the buying public should be credited with a modicum of intelligence and discernment in purchasing articles, such as gadgets and mobile phones," according ABS-CBN News.
"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, citing the decision made last week.
Apple had previously claimed that Solid Broadband's My|Phone is "confusingly similar" to the tech giant's iPhone, and that it is "likely to deceive or cause confusion," to mobile users.
"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," Arevalo added, concluding that "absolutely no confusing similarity between My|Phone trademark (of Solid) and the iPhone trademark (of Apple)."
Being the first dual-sim phone in the Philippines, Solid Broadband first registered the trademark My|Phone on June 25, 2007, barely a week before Apple made available to the public its first-generation iPhone in the United States, News5 reported.
My|Phone's prices range from $30 to $350 compared to iPhone's $690 to $850 as sold in the Philippines.
Apple can still file a petition over the decision within one month after receiving the decision's copy, after which it becomes final and executory should an appeal not be made.
