The Berlin Network Operator e * Message failed to try to make the name of the iMessage news app controversial. The Braunschweig Regional Court dismissed the appeal of a medium-sized enterprise against Apple's three subsidiaries.
The company e * message offers the so-called. pager services. Among other things, they are used by fire brigades, rescue services, hospitals and energy suppliers to alert staff in emergency situations. (Reference File 9 O 1818/17)
The court came to the conclusion that the likelihood of confusion between the "e * message" and "iMessage" did not exist. The fields of activity in which the characters are used are just "somewhat similar." The Berlin radio network has addressed its services and terminals to a specialized audience, such as doctors, firefighters, the 9th Civil Division of the Brunswick Regional Court said. The apple turns against the end consumers.
The characters "e * Message" and "iMessage" also differ aurally: Users are used for a variety of English pronunciation ("i" in "e * Message *" and "ai" in "iMessage") at the beginning of the word.
Executive Director of e * Message regrets decision
The verdict is not yet final because the appeal can be appealed. DiMarn Golnik, the CEO of e * Message, voiced regret over the decision. "Once we have a precise knowledge of the verdict, we will evaluate and decide on further steps." The Berlin-based company sees its rights to the company's name violated. According to e * message users confuse the services of pager and iPhone.