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Apple has lost a critical patent battle in Brazil, leaving local firm Gradiente free to market its own “iphone” in the country. But it’s only a budget Android model, so there won’t be a huge amount of confusion among buyers.
The case covers Brazilian tech company Gradiente Eletronica, which fortuitously registered the trademark “iphone” (with lowercase “p”) in the country back in the year 2000, long before Apple launched its enormously successful smartphone. Apple claims Gradiente should surrender rights to use this name as the company never got around to launching its iphone until late 2012, but a local court has ruled in favour of Gradiente, meaning Apple can’t claim exclusive ownership of the iPhone name in the country.
Apple still retains the rights to use the iPhone name on its own phones and in other forms of software and merchandise at the moment, but this legal decision means Gradiente may also sell its “iphone” — and can now sue for complete exclusivity of the name for use with mobiles. Meaning Apple would either have to quite the lucrative market or come up with an alternative name for its mobile over there.
Apple’s appealing the decision. [BBC]
Surely they could call it “iDroid” instead?
Good on the little company, they didn’t let Apple bully them out of the name they rightfully owned. Show apple the finger!
“Meaning Apple would either have to quite the lucrative market”
I hope they dont quite, I’m not sure how you quite a market thought.
“I hope they dont quite, I’m not sure how you quite a market thought”
The ‘t’ at the end of your ‘thought’ is about as useless as the ‘e’ at the end of ‘quite’ which you were trying to correct.
We all make errors occasionally…
Err, the clue is in the subject matter: this is a *Trademark* case, not a ‘patent battle’.
Also, I’m baffled. If you don’t use a Trademark, you lose it. Apple would normally easily win this one. They were using it first (this is critical in Trademark law – you have to be using it and have a reputation to defend in the territory affected), and nobody could claim that iPhone wasn’t distinctive or well known and used.
[For once] Apple appear to be 100% morally and legally in the right – there must be something we’re not being told here?
Just like the Apple vs Samsung court battle in USA, the home team tends to be favoured, I guess. Also Brazil’s state is not very much aligned with USA nowadays so I guess it’s cheaper for Apple to make a deal with Gradiente than it would be to bribe the whole trademark system of the country.
I am not aware of how trademark rights work in Brazil but I am very pleased to see that some one (on the west side of the globe at least) is still got the balls to say no to a Yankee company.
Owned