Canadian unified communications company, Mitel, has launched a new trademark infringement case against an Australian iPhone repair store for use of the name MyTel.
After having resolved a case against Melbourne telecommunications company Mytel earlier this year, Mitel has now targeted a company that runs a chain of mobile phone accessory and repair stores under the names MyTel and HappyTel.
According to court documents obtained by ZDNet Australia, Mitel alleges that as the name Mytel is similar to Mitel, Mytel is infringing on Mitel's trademark and is engaged in misleading or deceptive conduct under Australian consumer law. It is seeking to have Mytel restrained from using that name in the future, to claim all goods that bear the name Mytel or Mitel from the retailer and to receive damages for the use of the name.
In its defence, Mytel claims it has traded under the name Mytel since 12 August 2005, and was unaware of Mitel's trademark until May 2011. In any case, Mytel argues, the business carried out by Mytel bears little relation to unified communications, the main business of Mitel.
A directions hearing for the case was scheduled for this morning, but the case was not heard, and neither Mitel nor MyTel was available for comment at the time of publication.