Mitel targets iPhone repairer trademark

Mitel targets iPhone repairer trademark

Summary: Canadian unified communications company, Mitel, has launched a new trademark infringement case against an Australian iPhone repair store for use of the name MyTel.

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TOPICS: Telcos
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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.

Topic: Telcos

About

Armed with a degree in Computer Science and a Masters in Journalism, Josh keeps a close eye on the telecommunications industry, the National Broadband Network, and all the goings on in government IT.

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3 comments
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  • And yet another company I will never be buying products from :) I'm so over companies that litigate over stupid things. Just looking at the Mitel web site, it indeed has nothing to do with what MyTel does, I would NEVER confuse the two. There is no misrepresentation here in the slightest.

    How about everybody just get a life. I'm spewing I'm an IT degree graduate. The money spinning around for lawyers in IP and patent law must be phenomenal!
    Ramrunner-5dd3e
  • I agree completely! The courts in Australia should just have a hearing and inform Mitel that this type of litigation is not tolerated here! Sure would stop all the crap and we would have access to innovative products not held up by the courts. (ie. Samsung:Apple)
    I wonder how much spare cash MyTel has to fight such a litigation?
    I hate it when the big **** can push everyone around.
    texhead
  • Trademark holders have to actively protect their trademarks. Mitel has failed to do this, noting that Mytel has been using their name for close to 6 years.

    Mytel has no similarity to Mitel and no evidence exists to prove any misleading or deceptive practices.

    Summary:

    1. If you don't protect your trademark you lose it.
    2. If you can't prove deceptive or misleading practices, it never happened.
    3. If it takes you 6 years to discover a supposed trademark infringement, it clearly didn't damage your business. Thus, there can be no claim for damages.
    4. Trademarks were never intended to be used for the legal extortion of innocent parties.

    Case closed, with a recommendation that Mitel get a clue about what trademarks really are about.
    Scott W-ef9ad