Mexico's StarGroup trademark battle against Elon Musk's Starlink

By Dumont

StarGroup is a Mexican company providing telecommunications and entertainment services in Mexico, such as restricted television, internet access services and mobile telephony. In 2015 the company registered the trademarks StarGroup and StarLink, among others, in Class 38 of the Nice Classification before the Mexican Institute for Industrial Property (IMPI).

In October 2018 IMPI denied American company SpaceX the trademark registration of Starlink after oppositions proceedings filed by StarLink. SpaceX, owned by Elon Musk, operates Starlink, a satellite internet constellation company that provides satellite internet access in several countries of the world.

After a second rejection b IMPI, SpaceX filed a lawsuit before the Specialized Chamber on Intellectual Property of Mexico's Federal Court of Administrative Justice (TFJA), demanding the nullity and expiration of StarLink trademark registration in the country. The lawsuit argued that the trademark was not used in Mexico and that, when registered, it was allegedly made under StarGroup Director José Aguirre Campos personal name and not under StarGroup. At the same time, without owning the trademark, SpaceX began using Starlink to sell its products in the Mexican market.

Now both companies are in a legal battle for the use and ownership of the trademark in Mexico, as StarGroup appealed against the TFJA resolution in favor of SpaceX. “We will fight to the last consequences,” said StarGroup Director Aguirre Campos during an interview with El Financiero.