The court approved a draft by Justice Aristides Guerrero denying trademark relief by a six-vote majority.
The Supreme Court of Justice of the Nation in Mexico denied constitutional protection to Deutsche Telekom AG, the parent company of T-Mobile, over the use of its trademark in the country by a local accounting and financial services firm. By a majority of six votes, the justices approved a project presented by Justice Aristides Rodrigo Guerrero Garcia.
The ruling upheld a decision by the Ministry of Economy to grant the corporate name Deutsches Telekom S. DE R.L. DE C.V. to the local business. Justice Guerrero Garcia noted that the German company failed to substantiate the notoriety of its brand in the case, having submitted only Wikipedia and LinkedIn links as evidence.
The conflict began in 2015 when the General Directorate of Mercantile Normativity authorized the use of the name. Deutsche Telekom filed a lawsuit against the Ministry of Economy in 2020 alleging unauthorized use of its registered trademark and unfair competition. After rulings in the Federal Court of Administrative Justice and a collegiate circuit court, the case reached the Supreme Court.
Justices Yasmin Esquivel Mossa and Giovanni Azael Figueroa Mejia voted against the project for different reasons. The draft was approved with modifications to specific paragraphs proposed by Justice Maria Estela Rios Gonzalez.
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