Brazilian regulators rule that the iPhone is an Android handset in the country

Brazilian regulators rule that the iPhone is an Android handset in the country
It was just last week when word leaked that the Brazilian Institute of Intellectual Property would rule in favor of Brazilian manufacturer Gradiente giving the company the rights to the iPhone name in Brazil. The company had originally registered the name in the country back in 2000. Apple's argument was that Gradiente did not produce a handset until 2012.

The INPI said that the decision applies only to handsets and that Apple has the rights to use the iPhone name on any other product or publication. Apple isn't forbidden to sell its smartphone in Latin America's largest market, but faces a potential lawsuit from Gradiente. The Brazilian regulator also said that it understands that Apple will appeal the ruling.

Ironically, the Gradiente iPhone Neo One is an Android flavored model that is priced at 599 Reals ($304 USD). The chairman of Gradiente has previously left open the possibility of working out a licensing deal with Apple and said, "We're open to a dialogue for anything, anytime... we're not radicals."

source: BBC via AndroidCentral

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37 Comments

1. gmracer1

Posts: 646; Member since: Dec 28, 2012

The world can now adapt the same idea, and call ALL iPhones "Androids!" mwahahahahaaaa............MMMMMWWWWWAAAAAHHAHHAHAH​AHAHAHAAAAAAA

19. ZeroCide

Posts: 810; Member since: Jan 09, 2013

In most circles they already are. Person 1 - "Oh thats a nice iphone you have." Person 2 - " No is my GS3. It runs Android" Person 1 - " Yea im going to get an iphone like that on my next upgrade." I've acually heard this.

21. gmracer1

Posts: 646; Member since: Dec 28, 2012

HAHAHAHA I totally believe that! I'll sometimes have a customer not know what an iPhone even looks like, and when they see my Razr Maxx, they ask "oh is that an iPhone you have?" I keep my heart's explosion to a minimum and calmly say "no...this is a Motorola. iPhones are made by Apple. I have an Android." They then ask, "oh...well how come you don't have an iPhone." My answer? "Because I don't like it and I want a real smartphone. The iPhone can't do even half of what my phone does." From there, I plug my phone into the tv and show them Mirror-mode. MWAHAHAAAAAAAA Bunch of idiots. All of the commercials, word-of-mouth, and magazines get stuck in their head, so they think the iPhone is some universal smartphone that every single human being has. Again...............idiots.

26. hepresearch unregistered

Story of my life... I have had to sit by and watch for months and years now as some people in town who have Android devices get asked that by basically all the others... and then listen when they get excoriated for not having a "real iPhone." I use a Nokia N75 expressly for the purpose of preventing random folks from walking up and asking me, "Is that one of those new iPhones?" It's a flip phone... they'll never ask me that ever, and I don't care that they look at me like I'm talking on a piece of garbage. They don't need to know, and I like what I have right now perfectly well already.

38. JC557

Posts: 1918; Member since: Dec 07, 2011

A carry over of the iPod days when every MP3 player somehow became an iPod or "wannabe" despite the other brand being better in sound quality, features, storage price and battery life.

25. ph00ny

Posts: 2014; Member since: May 26, 2011

When i got my international note more than an year ago, i used to have people come up to me and ask if it was the new ipad

35. Just_a_boy

Posts: 183; Member since: Oct 18, 2011

That happened to my brother he was walking in a mall and a girl came closer to us and she asked: "where you bought your iPad mini?" NOTE: His phone is a Galaxy Note II

37. gmracer1

Posts: 646; Member since: Dec 28, 2012

LOL! That reminds me of when my sister called my Nexus 7 an "iPad." I jumped her sh*t so badly lol

36. imsickwithsmartphone

Posts: 153; Member since: Jan 28, 2013

Apple only can win in America.....

2. Derekjeter

Posts: 1459; Member since: Oct 27, 2011

I would license the name for no less than 25% of revenue. That's what dictators get. Sooner or later they all come down. That phone is probably better than the iPhone. Get it.?

8. Whateverman

Posts: 3295; Member since: May 17, 2009

If I were Gradiente's CEO, I would license the name to Apple as well. I'm sure they make a quality product, but they would probably make a nice chuck of change from a deal with Apple. Also, what happens if this phone is a big hit, will they expand to other markets? And how can they do that when they can't use the iPhone name anywhere else? Idk, just sounds like Gradiente should rethink this one.

29. cretinick

Posts: 148; Member since: Jan 25, 2011

This phone is a piece of crap that Gradiente launched only to claim the name rights. It is their first smartphone launch, and the first phone in the last 10 years. It is a low budget chinese project with the Gradiente brand... You can't even find it to buy in the stores!

3. Just_a_boy

Posts: 183; Member since: Oct 18, 2011

I know which kind of agreement Gradiente wants: $$$$$$$$$$$$$$$$$$$$$$$$$$$$ So lame! as a brazillian i feel ashamed that a local OEM play dirty to make cash.

32. cretinick

Posts: 148; Member since: Jan 25, 2011

I don't. They have the name's right. And they registered it before Apple start to think in make phones. Apple sues companies for rectangles with round corners... That is a dirty game! And they don't even create that shape for phones. Many other phones have that shape before Apple launch the first iPhone.

33. Just_a_boy

Posts: 183; Member since: Oct 18, 2011

Gradiente only launched this phone to do not lose the trademark, so they can make tons of money suing Apple (they deserve that) to rise the company.

4. CivicSi89

Posts: 349; Member since: Jul 23, 2011

Ouch.... That has seriously gotta hurt Apple's psyche. "You cant sell an iPhone here because we have that name trademarked. And its on an ANDROID Phone!" Ay Dos Mio!

20. ZeroCide

Posts: 810; Member since: Jan 09, 2013

It would be funny if they got the trademark for Galaxy and sold the iphone in brazil as a Galaxy phone.

5. rusticguy

Posts: 2828; Member since: Aug 11, 2012

So by Apple's logic all the Patents that got awarded based on Sketches to Apple with no Prototypes should be null and void isn't it? Or it' just a SHAMELESS display of Double Standards?

9. jroc74

Posts: 6023; Member since: Dec 30, 2010

Exactly. The word hyprocrisy should just show the Apple logo in the dictionary...

30. D_Tech-tive

Posts: 104; Member since: Feb 12, 2012

Right!

6. InspectorGadget80 unregistered

Finally some good news! Apple u lost this one

7. jroc74

Posts: 6023; Member since: Dec 30, 2010

This is too funny.

27. InspectorGadget80 unregistered

Samsung should hire the lawyers of BRASIL

34. Just_a_boy

Posts: 183; Member since: Oct 18, 2011

Brazil in portuguese +1 for you!

10. jroc74

Posts: 6023; Member since: Dec 30, 2010

Oh yea...karma... I wouldnt want to be in her bad side..

11. ilia1986 unregistered

The first victory out of many. Soon iPhone will be an android phone all over the world.

12. darkkjedii

Posts: 30900; Member since: Feb 05, 2011

Damn apple lol. That sucks!!!

13. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

An iPhone powered by Gingerbread. This ought to be famous and sell millions.

14. Cannabis

Posts: 22; Member since: Jan 20, 2013

Apple uses patents on things they never even built, just old blue prints and concepts and now someone uses their strategy in the court against them and they're upset? Taste of your own medicine much?

15. nikenturd unregistered

Considering how.corrupt Brazil is...... thay are open for 'negotiations' to reverse the decision lol

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