A Mexican company denounces that Elon Musk wants to steal a brand
StarGroup has already filed an amparo before a resolution of the TFJA regarding the use of the word "Starlink".
As reported by the newspaper El Financiero , StarGroup, a firm that provides telecommunications services such as restricted television, internet access services and mobile telephony, registered the word " Starlink " to offer its services throughout the Aztec territory on November 12, 2015 before the Mexican Institute of Intellectual Property ( IMPI ) together with other brands such as StarGo, StarLine, StarTV, StarKa and StarGroup.
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However, SpaceX filed an institutional lawsuit in 2018 requesting the nullity and expiration of Starlink's registration in Mexico at the time that it began to use the term to sell its satellite internet services in the country, even without having ownership of the brand.
The IMPI denied SpaceX's claim, but Elon Musk's company got the Specialized Chamber on Intellectual Property of the Federal Court of Administrative Justice (TFJA), dependent on the Executive Branch, to declare the nullity and expiration of the Starlink brand.
Given this, StarGroup began on Monday an appeal against the TFJA resolution in favor of SpaceX, arguing that the space firm did not prove that it had used or registered the disputed brand before them in another country. His defense even points out that when the IMPI sees a defect in a trademark registration application, it has the obligation to request clarifications and this never happened. This means that when StarGroup registered the trademark, IMPI found no precedent that prevented the granting of rights in Class 38 (Telecommunications).
According to Forbes en Español , in October 2018, SpaceX, through the Mexican law firm Méndez + Cortés, SC sued IMPI for the nullity and expiration of the Starlink brand, arguing that StarGroup had not precisely indicated the telecommunications services to be protected nor had he used it. The court made up of justices Óscar Alberto Estrada Chávez, Héctor Francisco Fernández Cruz and Isaac Jonathan García Silva, declared the nullity and expiration of the StarLink brand favoring Elon Musk's company.
"Without the legal issue having been resolved and without having ownership of the trademark registration, SpaceX, owned by billionaire Elon Musk, is using it to sell the same services as the Mexican StarGroup in Mexico," said Óscar de la Torre, specialist in industrial property, cited in the lawsuit of the Mexican company.