Some points need to be focused in this case. Firstly, iFone is phonetically similar to iPhone. Both of them cater the needs of the same section of the customers. The syllable “i” is associated with the products of Apple. Similarly, iFone could have registered under India Fone and it was registered at the time when the customers in India were eagerly waiting for the launch of iPhone. iFone is deceptively similar to iPhone which is likely to be detrimental to the reputation of iPhone.
Though iPhone is a foreign, unregistered trademark, it can enforce its rights by establishing priority use, reputation in India, misrepresentation and injury to Goodwill in the claim of passing off. The judgment is eagerly awaited to see in whose favour trademark rights are upheld.