How Apple can get the iPhone name in Brazil

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.

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

FEATURED VIDEO

30 Comments

1. imsickwithsmartphone

Posts: 153; Member since: Jan 28, 2013

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

9. Mxyzptlk unregistered

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

11. imsickwithsmartphone

Posts: 153; Member since: Jan 28, 2013

They own it in United States, not in Brazil.

12. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

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

13. buccob

Posts: 2956; Member since: Jun 19, 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...

15. Aeires unregistered

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

17. omar300

Posts: 210; Member since: Jun 24, 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.

18. downphoenix

Posts: 3165; Member since: Jun 19, 2010

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

19. lolioslol

Posts: 182; Member since: Dec 10, 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.

22. jroc74

Posts: 6023; Member since: Dec 30, 2010

edit......

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...

25. InspectorGadget80 unregistered

no GIVE THEM HALF OF APPLES CASH from their STOCK

2. gallitoking

Posts: 4721; Member since: May 17, 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

4. toiletcleaner

Posts: 224; Member since: Oct 10, 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

5. sorcio46

Posts: 435; Member since: Jul 27, 2011

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

7. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

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

26. HDShatter

Posts: 1021; Member since: Jan 17, 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.

30. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

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

20. lolioslol

Posts: 182; Member since: Dec 10, 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. .

3. toiletcleaner

Posts: 224; Member since: Oct 10, 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

6. rusticguy

Posts: 2828; Member since: Aug 11, 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 :)

8. pankajgupta

Posts: 59; Member since: Aug 09, 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 ..!!

10. rusticguy

Posts: 2828; Member since: Aug 11, 2012

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

14. Valdomero

Posts: 662; Member since: Nov 13, 2012

KARMA biatch!!

16. VZWuser76

Posts: 4974; Member since: Mar 04, 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.

21. lolioslol

Posts: 182; Member since: Dec 10, 2012

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

23. LionStone

Posts: 1048; Member since: Dec 10, 2010

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

24. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

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

27. InspectorGadget80 unregistered

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

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...

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at https://www.parsintl.com/phonearena or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit https://www.parsintl.com/ for samples and additional information.