Printed from http://www.electronista.com

Analyst: Apple may have to pay for 'iPhone' name in Brazil

updated 11:45 pm EST, Thu December 27, 2012

Gradiente now selling cheap Android handset with 'iPhone' name

Gradiente SA, a company selling an out-of-date and inexpensive Android knockoff of the iPhone with the same brand name has indicated it is willing to deal with Apple if the company wants to license the iPhone name back from them. The company filed for and won the right to the name "iPhone" in Brazil in 2008 and has "exclusive" rights to use the name through 2018, despite the fact that Apple is already selling the iPhone in Brazil.

The confusion will eventually have to be settled in court unless the two companies can come to some arrangement. The head of Brazillian telecommunications consultancy Teleco is quoted in a report from the Associated Press as saying that Apple paying Gradiente for use of the name is the most "likely scenario" because Apple doesn't want to risk "[having] to stop selling its product in Brazil."

Apple has not made any official comment on the matter. Gradiente President Eugenio Staub has said that Apple has not yet contacted his company, even though it is aware that "we were given the right to use the iPhone brand." The Gradiente "iPhone" is a basic device selling for around $300US, with Android 2.3 and an appearance not dissimilar to Apple's iPhone -- somewhere between a Samsung clone and a generic Android phone.

When asked why the company did not actually produce a smartphone with the name until this year -- four years after it won the rights, and 12 years after it first filed for the name -- Staub claimed the company's priority had been to "conclude a corporate restructuring process that ended earlier this year." The company warned that it will "adopt all the measures used by companies around the world to preserve its intellectual property rights," a clear hint to Apple that it should come to the negotiating table.




By Electronista Staff
Post tools:

TAGS :

toggle

Comments

  1. msuper69

    Professional Poster

    Joined: 01-16-00

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.

  1. wrenchy

    Forum Regular

    Joined: 11-03-09

    Originally Posted by msuper69View Post

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    Why so angry?

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by wrenchyView Post


    Why so angry?

    Let 'em be. That is a typical crApple's brainwashed-fanbase response. movin' on.

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by msuper69View Post

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.

    The world does not revolve around crApple.... in case you forgot or didn't know. Now run along, I can see you left your TV on. Have a great time, don't forget the popcorn; everything is going to be alright, so sit back, relax, we got from here....

  1. lkrupp

    Junior Member

    Joined: 05-13-01

    Originally Posted by msuper69View Post

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    A much better, and effective, approach might be to remind the government of Brazil about that factory Foxconn plans to build there to manufacture iDevices. Remind them about how many jobs it will create and how much money it will add to Brazil's economy. Then speculate about how it would be a shame of that factory never gets built because of some silly trademark issue by a piss-ant company trying to shake Apple down.

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    Originally Posted by lkruppView Post

    [QUOTE=msuper69;4209129]Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    A much better, and effective, approach might be to remind the government of Brazil about that factory Foxconn plans to build there to manufacture iDevices. Remind them about how many jobs it will create and how much money it will add to Brazil's economy. Then speculate about how it would be a shame of that factory never gets built because of some silly trademark issue by a piss-ant company trying to shake Apple down.[/quote]

    So you're saying that if you have enough financial clout, laws shouldn't matter.

    Brazil has its share of problems, but it's not the USA in some respects, at least.

  1. prl99

    Dedicated MacNNer

    Joined: 03-24-09

    Originally Posted by Spheric HarlotView Post


    So you're saying that if you have enough financial clout, laws shouldn't matter.
    Brazil has its share of problems, but it's not the USA in some respects, at least.



    I wonder which "respects" you're talking about. I would like to assume Apple performed as exhaustive a trademark search as it could in every country before settling on iPhone but again, here is a company that comes up with a name and doesn't do anything with it for years. I would like to see what the Brazilian legal system has to say about this unused trademark. I also would like to know if Apple is ready to sue Gradiente SA over a blatant knock-off of Apple's phone. Was this the original design specified in their trademark submission 12 years ago? I doubt it. As for lkrupps' comments, I have to agree with him. Apple should challenge the granting of the trademark just like everyone challenge's Apple trademarks and patents. Let the courts figure this one out in a way that's best for Brazil as a whole instead of one never-was company trying to make a quick buck.

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    That company was/is apparently a pretty huge telecoms corp in Brazil. The fact that you've never heard of it is rather irrelevant.

    And what is this nonsense about "original trademark"? They registered the name for products related to their telecoms business. Are you thinking of a design patent? Or a trademarked logo?

    I agree: let the courts figure it out.

    lkrupp's attitude of "threaten to not invest and see if the state doesn't react" amounts to exactly what I wrote. He with the money makes or bends the law.

    Hopefully not.

  1. cgc

    Professional Poster

    Joined: 03-25-03

    Originally Posted by msuper69View Post

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    I agree and would love to companies who get sued for non-comliance with foreign laws (e.g. like the Italian law stating 2 year warranties are min for laptops and the Germany v. Facebook fiasco) just up and leave. Let their citizens rise up and fight the law if they feel strongly enough.

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    Originally Posted by cgcView Post

    [QUOTE=msuper69;4209129]Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    I agree and would love to companies who get sued for non-comliance with foreign laws (e.g. like the Italian law stating 2 year warranties are min for laptops and the Germany v. Facebook fiasco) just up and leave. Let their citizens rise up and fight the law if they feel strongly enough.[/quote]

    The "Italian" thing is EU law. They just got slapped there for not disclosing the terms of EU statutory warranty in their AppleCare sales literature. (Edit: something like this: http://www.apple.com/uk/legal/statutory-warranty/ )

    The citizens here feel a LOT more strongly about privacy laws than about Facebook, lemme tell you.

  1. Grendelmon

    Mac Enthusiast

    Joined: 12-26-07

    Originally Posted by msuper69View Post

    Apple should just not sell the iPhone in Brazil.
    Screw 'em.



    U mad?

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by cgcView Post


    I agree and would love to companies who get sued for non-comliance with foreign laws (e.g. like the Italian law stating 2 year warranties are min for laptops and the Germany v. Facebook fiasco) just up and leave. Let their citizens rise up and fight the law if they feel strongly enough.

    U mad too?

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Kenu Airframe Plus

Simple, stylish and effective, the Kenu Airframe + portable car mount is the latest addition to Kenu's lineup. Released earlier this y ...

Plantronics Rig Surround 7.1 headset

Trying to capture the true soundscape of video games can be a daunting task. Looking to surround-sound home theater options, users hav ...

Adesso Compagno X Bluetooth keyboard

The shift from typing on physical keyboards to digital versions on smartphones and tablets hasn't been an easy for many consumers. Fro ...

Sponsor

toggle

Most Commented

 
toggle

Popular News