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How Apple can get the iPhone name in Brazil

Posted: , by Alan F.

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How Apple can get the iPhone name in Brazil
On Wednesday, we told you that the Brazilian Institute of Intellectual Property had ruled in favor of local manufacturer Gradiente in awarding the company the iPhone trademark in the country. Gradiente had filed for the trademark in 2000, before the device was a gleam in Steve Jobs' eyes. The company was actually awarded approval to use the name in 2008. Since Brazilian law requires the company to have used the trade mark sometime within the first five years after approval, all Apple has to do is show that Gradiente never used the iPhone name by January 2013.

Apple would like to use the iPhone name in Brazil

Apple would like to use the iPhone name in Brazil

The problem is that the Gradiente iphone Neo One, an Android powered handset offered in Brazil had launched in December which would apparently constitute proof that Gradiente developed the iPhone brand within the five years mandated by Brazilian laws. The phone is actually produced by IGB Eletronica SA, a firm that was born out of the restructuring of Gradiente last year.

Apple could still go back to court to appeal the decision, or could try to work out a licensing deal, which seems likely. Last year, Apple had to pay $60 million to Chinese company Proview for the iPad name in China. It turned out that a prior deal that Apple had made with the company had covered Taiwan only and not mainland China. Since Brazil is the largest market in Latin America, the company should be prepared to pay up for the iPhone name in Brazil.

source: Reuters

32 Comments
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posted on 14 Feb 2013, 09:08 11

1. imsickwithsmartphone (Posts: 153; Member since: 28 Jan 2013)


By paying to Gradiente!!
Gradiente deserved that...

posted on 14 Feb 2013, 09:38 3

9. Mxyzptlk (limited) (Posts: 2846; Member since: 21 Apr 2012)


This is a low blow. Apple owns the iPhone name and for Brazil to pull this stunt is a pretty wtf move.

posted on 14 Feb 2013, 10:15 15

11. imsickwithsmartphone (Posts: 153; Member since: 28 Jan 2013)


They own it in United States, not in Brazil.

posted on 14 Feb 2013, 10:57 16

12. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


"US" Patent office... not World Patent office....

posted on 14 Feb 2013, 11:45 13

13. buccob (Posts: 1049; Member since: 19 Jun 2012)


yeah, go cry else where...

Apple always pull this type of crap and you applaud them for it... so, try and be a little fair sometimes...

If Gradiente trade marked the name, it is in their right to sue them...

I am sure you are capable of comprehend and be logical, but you choose to place one-sided comments with little contribution to this web page...

posted on 14 Feb 2013, 12:32 8

15. Aeires (unregistered)


"Gradiente had filed for the trademark in 2000, before the device was a gleam in Steve Jobs' eyes."

Reading is fundamental.

posted on 14 Feb 2013, 12:56 2

17. omar300 (Posts: 171; Member since: 24 Jun 2012)


apple does the "wtf move" all the time. i know this seems weird but apple deserved it. i think apple and iphone should be copyright name everywhere beside america.

posted on 14 Feb 2013, 13:05 2

18. downphoenix (Posts: 2235; Member since: 19 Jun 2010)


Gradiente registered this back in 2000. Long before iphone or ipad were even thoughts in Apple's collective minds.

posted on 14 Feb 2013, 16:41 2

19. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


Yes. Those crafty Brazilian f*ckers had either a time machine or the worlds only workjing magic 8 ball to patent the name a full 7 years before the iphail came to fruition.

Do you ever get tired of being a crazy moron? I don't think you do.

posted on 14 Feb 2013, 17:58

22. jroc74 (Posts: 4042; Member since: 30 Dec 2010)


edit......

posted on 14 Feb 2013, 20:49

28. hepresearch (unregistered)


Low blow? Nah... it's just a "creative," "innovative," and "revolutionary" way to get some little piece of Apple's immense cash stash...

posted on 15 Feb 2013, 07:19

31. lyndon420 (Posts: 1642; Member since: 11 Jul 2012)


Just like you always say...they are protecting their IP. So apple can cough it up.

posted on 14 Feb 2013, 20:07

25. InspectorGadget80 (Posts: 5657; Member since: 26 Mar 2011)


no GIVE THEM HALF OF APPLES CASH from their STOCK

posted on 14 Feb 2013, 09:25 3

2. gallitoking (Posts: 4630; Member since: 17 May 2011)


Another company looking to.make fame and money after Apple... And that cheap phone gives Android a bad name by making such ugly looking phone

posted on 14 Feb 2013, 09:29 6

4. toiletcleaner (Posts: 176; Member since: 10 Oct 2012)


Gallo. wait for the one on mexico to, iFone on mexico will get a lot of money from apple, thats what u get wen u play whit fire lol

posted on 14 Feb 2013, 09:31 18

5. sorcio46 (Posts: 392; Member since: 27 Jul 2011)


They registered the name for the first time
If Apple wants to use it
Apple HAS TO PAY
This is justice

posted on 14 Feb 2013, 09:36 2

7. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


It's the other way round you ignorant king!!

posted on 14 Feb 2013, 20:14 1

26. HDShatter (Posts: 1014; Member since: 17 Jan 2013)


They owned the name before apple. They make a product using the name. Apple can't do anything about it, this company owns the iphone name in Brazil by law.

posted on 15 Feb 2013, 03:48

30. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


I know that mate!
I'm replying to galitoking's comment, specifically the 1st part.

posted on 14 Feb 2013, 16:41 1

20. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


Yes. Those crafty Brazilian f*ckers had either a time machine or the worlds only workjing magic 8 ball to patent the name a full 7 years before the iphail came to fruition.

Do you ever get tired of being a crazy moron? I don't think you do.

.

posted on 15 Feb 2013, 07:54

32. lyndon420 (Posts: 1642; Member since: 11 Jul 2012)


Is there an echo in here?

posted on 14 Feb 2013, 09:27 7

3. toiletcleaner (Posts: 176; Member since: 10 Oct 2012)


paying a lot iMoney to Gradiente. ( so they can take the android iPhone out of the market ) Brazil dance whit samba, and apple will be in the next Carnaval

posted on 14 Feb 2013, 09:32 3

6. rusticguy (Posts: 2811; Member since: 11 Aug 2012)


$40/phone sold in Brazil should be reasonable enough ... no outright sale. Didn't Google also do something for froogle which it never owned? If the Brazilian company is smart they would want recurring g licensing fees and not just one time settlement :)

posted on 14 Feb 2013, 09:37 3

8. pankajgupta (Posts: 58; Member since: 09 Aug 2012)


Spelling Errors :o

1. company hjad covered Taiwan
2. Brazil is trhe largest ...

This apart..
Apple deserves this. They cannot simply make up designs/patents, never use them (or may be use them in 5-10 years) and then sue others for using those same designs/patents before Apple, and then cry when someone else does the same to them.

Fair Result.
Karma ..!!

posted on 14 Feb 2013, 10:07 1

10. rusticguy (Posts: 2811; Member since: 11 Aug 2012)


Learn to live with it (or ignore) if it is Alan's article. Not the first time :)

posted on 14 Feb 2013, 11:53 3

14. Valdomero (Posts: 120; Member since: 13 Nov 2012)


KARMA biatch!!

posted on 14 Feb 2013, 12:43 5

16. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


This is why people get irritated with Apple. If someone else uses their stuff, they're thieves or copycats. When the reverse happens it's totally within Apple's right to litigate them into oblivion.

Look, I don't want Apple to go away. For some people it's the better option and their presence means less chance of their competitors growing lazy. But they did not create EVERYTHING. There were smartphones before them, just as the iphone name wasn't theirs to begin with (in the US Cisco owned the rights to it, and Apple enetered into an agreement to use it). And just because they own the rights to the iphone name in some countries, that doesn't mean they own the rights EVERYWHERE. The article clearly stated that they filed for the name in 2000. Some are saying they're trying to get a piece of Apple's money. Do you really think that they applied for the trademark 13 years ago knowing that 7 years later Apple would come out with the iphone? Seriously?

What angers me is how Apple can simultaneously be a bully and play the victim. If a competitor has anything remotely similar to them they cry foul, that they are being copied and stolen from. Then they turn around and use their deep pockets to litigate companies either into an agreement in their favor or completely out of business. And their adoring stand behind them, cheering them on. The things is if Apple gets where they want to be, in a relative monopoly, that prices soar and service after the sale goes to hell. It happens the same time anyone gets a stranglehold on an industry. Competition keeps everyone honest and fair. What I cant see is why anyone would root for a monopoly. I don't want any of these companies to achieve that, be it Apple, Google, Microsoft, Blackberry, Samsung, Moto, HTC, LG, Sony, etc. All that would do is ensure that competitors go out of business, consumers have less choice, and the industry goes to hell. And with he patent system, such as it is, new companies aren't able to break into the industry because they won't have the patents to protect themselves when the established companies bring the lawsuits.

I guess the point I'm trying to make is, rooting for any of these companies to destroy the other, is like rooting for your own downfall.

posted on 14 Feb 2013, 16:42 3

21. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


"apple iphone: even the NAME is a stolen unoriginal idea! Innovation!"

posted on 14 Feb 2013, 18:02 1

23. LionStone (Posts: 435; Member since: 10 Dec 2010)


Hah...pay up Apple! :-) How much is it worth to you?

posted on 14 Feb 2013, 18:21 1

24. joey_sfb (Posts: 1976; Member since: 29 Mar 2012)


Looking at the comment here, i think the public has realised that the 'emperor has no clothes.'

posted on 14 Feb 2013, 20:15

27. InspectorGadget80 (Posts: 5657; Member since: 26 Mar 2011)


why the HELL WE CAN'T HAVE good judges like these guys ?

posted on 14 Feb 2013, 20:55

29. hepresearch (unregistered)


I wonder if it is because they always need a wheel barrow for carting their 'cajones' from one place to another??? If that was my problem, I don't think I would work well as a judge, either. You know... always needing a ramp into and out of the courtroom, double-depth elevators, wider hallways, etc...

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