Apple fights back against iPhone ruling in Brazil

Apple has struck back in its ongoing battle over the "iPhone" trademark in Brazil.

Apple has decided to challenge the ruling laid down yesterday by the Institute of Industry Property (INPI) that Gradiente Eletronica's registration for the iPhone trademark in 2000 is valid, Reuters is reporting today, citing conversations with people within INPI.

Now that Apple has challenged the ruling, Gradiente has 60 days to prove that it made use of the branding between January 2008 and January 2013. Gradiente wasn't authorized to use the iPhone trademark until 2008. Apple launched its iPhone in Brazil in 2007.

Gradiente did not actually use the iPhone trademark until December, when the company launched a spate of Android-based handsets using the "iPhone" moniker. Whether that will be enough for Gradiente to hold onto the iPhone name remains to be seen.

Although Apple has decided to make its case with INPI, the company has the right to settle the matter out of court. Apple did just that in early 2007 when it cut a deal with Cisco Systems, which originally owned the iPhone name. Apple last year settled another lawsuit with China-based company Proview over the use of the iPad trademark.

[Dogulearner]

Hi everyone! In 2008, Gradient got the rigths to use Iphone trademark, after 8 years of its request. In 2008, 2009, 2010, 2011, 2012 still now, Apple sold its products without any intention to look for Gradient and pay for its use - NEVER - The arrogance showed by Apple put the brazilians to think about this behavior in the market. How come a company like Apple selling products without paying to the REAL OWNER. Total desrespect for the local laws and interests. In the Apple's statement "board of directors" we find the word "ethics" but is it applied only indoor? Trying to get the trademark after 5 years of total desrespect to the local companies is a conduct that demostrates its real face. I think Apple should present excuses and pay for it accordingly. But what we see is a contuinuing prove of no ethics. Apple pays hundreds of licenses, but it looks like it wants to be the SMARTEST company. Shame! It is real shame. The wold of business doesn't want to to see dirty movements. 5 (FIVE) using Iphone (trademark), that didn't belon to Apple and now trying to get it. Shame !!! Wow.......REAL SHAME !!!

[developmobileapps]

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[AndrewinFargo]

wow Obamaisthedevil.....I can't read a dang thing you wrote ebcause of your poor grammar. I fail to see how this ruling makes sense when the apple Iphone was in the market a full year before this fake iPhone...

btw the apple computer I bought in 2009 is still light years ahead of computers today...it only cost me 50 bucks to upgrade it from 4 gb of RAM to 16gb of RAM and I really didn't even need to do that because the apple operating system needs a lot less RAM to operate. I still have a black macbook that is as fast as most new computers and acts the same as the day I bought it in 2006 with 2 gb of RAM...anyways I don't expect you to understand what I just said ObamaIsTheDevil because you a whacknut right wing bozo.

[JaggidEdje]

@ANDREWINFARGO,
Why are you going on about your Apple computer?

Firstly, it has nothing to do with this story, and secondly, the hardware components on an Apple computer are exactly the same as available non-apple computers. All you get with the Apple logo is a higher price tag and a different OS.

If you think otherwise, you are as much of a bozo as the person you directed your comment to.

[Obamaisthedevil]

Awe Geez, Big Bully CrApple Doesn't Like It When It's Them That Gets Their Nuts Kicked In Court For Ripping Off Someone Else!! The iPhone name in the USA was OWNED by Cisco/Linksys LONG BEFORE CrApple Ripped it off without ASKING (The Cisco iPhone is a Skype Wireless Phone) and Cisco had to sue CrApple Too!! CrApple had to BUY the name from Cisco. And the iPhony its self is a total Ripoff of the LG Prada shown at the CeBIT Germany Convention a full year BEFORE the iPhony was shown in the US!

CrApple the great iNOvator.