Judge Rules Apple Has Right to Use 'iPhone' Name in Brazil

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Posted September 25, 2013 at 9:41pm by iClarified

Apple has won the right to use the 'iPhone' name in Brazil following a legal battle with IGB Electronica, reports CNET. Judge Eduardo de Brito Fernandes ruled against IGB who had filed a trademark for the name 'Gradiente iphone' in 2000 but wasn't granted the trademark until 2008.

In his ruling, Fernandes called Apple's iPhone "world renowned," the AFP reported Wednesday. The judge said that giving the Gradiente phone exclusive rights to the name wouldn't be fair to Apple since "all the (Apple) product's renown and client following have been built on its performance and excellence as a product." The judge also said that Gradiente's name just used a combination of "internet" and "phone" as a way to brand a mobile phone with Internet access, BNAmericas said. Apple already had an extensive "i" product line registered in several countries, according to the judge.

Notably, IGB released its Gradient iphone last December, just one month before its trademark was set to expire. Brazil's Institute of Industry Property sided with IGB saying that Apple had no right to use the name in the country. That decision was appealed and as a result of this ruling the two companies must share the name. IGB says it will appeal the decision.

Judge Rules Apple Has Right to Use 'iPhone' Name in Brazil

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gamerscul9870 - September 26, 2013 at 2:33am

First off why does this topic have android phone on the corner top and bottom, second apple allows it because it's how copyrighting the name would be allowed in the outside different areas.

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Augusto - September 26, 2013 at 11:10am

The Gradiente iphone is an android smartphone.

Luxiel - September 26, 2013 at 12:18pm

Saying "apple allows it" makes me think you missed the whole point here. IGB Eletronica or, as it is known to us Brazilians, Gradiente filled the patent for the name back in 2000. Now, in case you just don't remember, the first Apple's iPhone was released in June 2007. By that time, Gradiente's patent inquiry wasn't yet resolved, as many paperwork in Brazil take a HUGE time to come to an end. Gradientes patent was finally granted in 2008. By that time, Apple's market share in Brazil wasn't that expressive, probably because of our ridiculous import taxes that made the iPhone an article stupidly and outrageously expensive. Also by that time, Gradiente didn't had a product to brand as "iphone". Now, Gradiente's patent was about to expire, as it should expire given the company hadn't released one single product using the brand it claimed for its own. So they proceed to rush and release a single and poor model just to brand it with the acclaimed name, so their patent would hold on. Gradiente then proceed to try to milk some money from Apple, as iDevices are now being produced in Brazil (although they hasn't been less expensive than before) and the Brazilian's purchasing power has increased enough to make the iPhone a growing trend and strong presence in our smartphone market. As we can see, Gradiente's attempt to stripe some greens from Apple failed and so it would as jugdes have lots of money here and, as an urban legend dictates (wrongly) in Brazil, money equals iPhone equals Apple Fanboys. Just reminding that all this name claiming and patent and Gradiente thing is valid only in Brazil, as Gradiente is a national company and has no international presence at all.

Luxiel - September 26, 2013 at 12:20pm

Why the hell my comment above doesn't keep the paragraphs I wrote it into? It was WAY better to read than THIS! Nobody will want to read a wall of unformated text...

Ss - September 27, 2013 at 10:24am

Because this website is garbage