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MN7119

macrumors 6502
Mar 7, 2011
486
564
I don't think paying 100 top lawyers is gonna be cheaper than paying Gradiente for a license anyway. :D

By the way, those able to read in Portuguese should check the following link:

http://www.ie.ufrj.br/desenvolvimen...possibilidade_para_a_inovacao_tecnologica.pdf

It's a paper analyzing the Unitron case, when a well-known Brazilian company produced a Mac clone (the "Mac 512") through perfectly-legal reverse engineering means (i.e., no Apple patent in Brazil).

However, strong pressure from the US government + corporate lobbying from competing companies in Brazil made the military government backtrack from its original decision to allow the company to produce such clones - it's a fascinating story.

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What "stuff"? A few iPhones by Foxconn?

Brazil is the 5th (or 6th, depending on who you ask) largest economy in the world; the US is not even its largest trading partner anymore.

On the other hand, Brazilian tourists are the ones spending the most money of all nationalities in places like NY.

So it's more like this nowadays, given the dire state of the US economy: Brazil asks, the US concedes - not the other way round.

Gradiente is a broken company that for 30 years failed to deliver any technology that is worth buying. They found an opportunity to make some money which they never did. It is sad to be a Brazilian when you see things like this.
 

Glideslope

macrumors 604
Dec 7, 2007
7,942
5,373
The Adirondacks.
Politics

IGB Electronica SA has Apple by the proverbial sack and they know it.

Apple's gonna pay a lot for this.

Apple will pay a fair price. The Brazilian Govt wants more Apple Production. So far the Brazilian's are doing a pretty dam good job on QC. Far better than China, IMO. Maybe someday, all production could be in the America's?

The negotiation will be between Apple, Gradiente, and Fernando Pimentel. :cool:
 

nick_elt

macrumors 68000
Oct 28, 2011
1,578
0
It would be naive to think that the government of Brazil is incapable of manipulating a company housed on its soil.

The owners seem to be dealing with this quite well. Yes, of course Brazil could do that but if Apple did something like that it would be extremely bad PR and wouldnt be in their interest doing it that way.
 
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Peace

Cancelled
Apr 1, 2005
19,546
4,556
Space The Only Frontier
Patent troll??? are you for real? the legitamately own the trademark and have so since 2000. They havent been pushing apple too hard as they could of since they are selling iphones already in brazil. you fan boys need to open your eyes.

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Brazil doesnt own the trademark....

Knowing Brazil they could very easily.
 

AustinIllini

macrumors G5
Oct 20, 2011
12,682
10,517
Austin, TX
The owners seem to be dealing with this quite well. Yes, of course Brazil could do that but if Apple did something like that it would be extremely bad PR and wouldnt be in their interest doing it that way.

I wouldn't say "extremely". Foxconn's behavior is "extremely bad PR" for Apple. Trying to get a license to use a name, however it happens, leads to "negative PR".
 

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
All Apple has to do is tell Brazil they are going to stop making stuff in Brazil.

Then sit back and watch how fast Apple gets the trademark in Brazil.

Man if I had a nickel for every time someone made this similar ignorant comment in this forum - I would be rich indeed.
 

Ingot

macrumors 6502
Mar 24, 2010
266
23
As a Brazilian, I can assure that it's more than legit - the Brazilian IP Institute has already confirmed the validity of the mark, which was the correct assessment based on date of registration and use.

And no, Gradiente is not just an IP troll - they have been in business for more than 30 years now, and used to produce some really good higher-end audio systems.

They probably seized the opportunity with the "iTrend" back then and are able to cash in now...nothing surprising.

In summary, Apple has only two choices: pay up or get out. It's as simple as that.

p.s.: To the geographically-challenged out there: remember that Brazil is not China as far as IP protection is concerned.

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Indeed...the UK is cheaper, for instance - with far worse weather and women, of course.

Yes. Two girls one cup really showcases the Brazilian women.
 

techwhiz

macrumors 65816
Feb 22, 2010
1,297
1,804
Northern Ca.
iPhone

Remove the iPhone references on stuff going to Brazil.
Just call it the "Apple Phone".
Everyone will know it's an iPhone, just don't call it that in Brazil.
 

SmileyBlast!

macrumors 6502a
Mar 1, 2011
654
43
Brilliant Trade Mark squatting.

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Remove the iPhone references on stuff going to Brazil.
Just call it the "Apple Phone".
Everyone will know it's an iPhone, just don't call it that in Brazil.
Good Idea.
But there would still be a Manufacturing and Packaging cost. Plus market confusion when a Brazillian iPhone got out of that region.
 

climberfx

macrumors newbie
Apr 8, 2011
3
0
Sorry Apple, Sorry World

Sorry Guys, sorry Apple. My Country one more time show the face of a rascal one. That Business show that don't have principles and wanna to stork money from other with this bull **** of trademarks. I'm so sorry. The people on this country ask for forgiveness, because this are the one's in charge here, the minority that **** us all. a bunch of liars and thief's .

Ass.: A brazilian guy that try to do things right.
:mad:
 
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mrsir2009

macrumors 604
Sep 17, 2009
7,505
156
Melbourne, Australia
Remove the iPhone references on stuff going to Brazil.
Just call it the "Apple Phone".
Everyone will know it's an iPhone, just don't call it that in Brazil.

What’s the bet that if that happened Americans would try get hold of these “apple phones” for the novelty of having an “apple phone”? :D

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Sorry Guys, sorry Apple. My Country one more time show the face of a rascal one. Gradiente show that don't have principles and wanna to stork money from other with this bull **** of trademarks. I'm so sorry. The people on this country ask for forgiveness, because this are the one's in charge here, the minority that **** us all. a bunch of liars and thief's .

Ass.: A brazilian guy that try to do things right.
:mad:

Apple can afford it - Don’t you worry about them ;)
 

50548

Guest
Apr 17, 2005
5,039
2
Currently in Switzerland
Gradiente is a broken company that for 30 years failed to deliver any technology that is worth buying. They found an opportunity to make some money which they never did. It is sad to be a Brazilian when you see things like this.

Broken or not, they have the registered mark - the original Gradiente had to file a Chapter 11, so now IGB manages its assets, simple as that.

If you had the mark duly registered WAY before the iPhone was launched and were a remotely sane person, you'd do exactly the same thing - defend your rights.

So once more: Apple pays, period.

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Sorry Guys, sorry Apple. My Country one more time show the face of a rascal one. Gradiente show that don't have principles and wanna to stork money from other with this bull **** of trademarks. I'm so sorry. The people on this country ask for forgiveness, because this are the one's in charge here, the minority that **** us all. a bunch of liars and thief's .

Ass.: A brazilian guy that try to do things right.
:mad:

Speak for yourself, especially since there is nothing "rascal" about it; too bad you lack knowledge of trademark laws in your own country. So keep trying to do things right, INCLUDING obeying the same kinds of IP laws that every other civilized country in the world has.

That's the main problem of Brazil nowadays - mongrel dog Brazilians who speak of "other" Brazilians as if they were a separate, "better" group of people. For these folks, EVERYTHING the country does is bad.

Not even Germans are like that.
 

Peace

Cancelled
Apr 1, 2005
19,546
4,556
Space The Only Frontier
Broken or not, they have the registered mark - the original Gradiente had to file a Chapter 11, so now IGB manages its assets, simple as that.

If you had the mark duly registered WAY before the iPhone was launched and were a remotely sane person, you'd do exactly the same thing - defend your rights.

So once more: Apple pays, period.

I agree. IGB got lucky and won a Lotto .

:p
 

skorpien

macrumors 68020
Jan 14, 2008
2,339
0
Patent troll??? are you for real? the legitamately own the trademark and have so since 2000. They havent been pushing apple too hard as they could of since they are selling iphones already in brazil. you fan boys need to open your eyes.

I said "patent troll or not," meaning I don't necessarily agree nor disagree with that statement. I am just stating that they stood to profit from selling a product under that name, and I'm sure they knew this going into it. And now, to me, it seems that they were not as profitable as they had hoped to be selling an Android phone under that name, so they've changed their tune and are "willing to talk" with Apple to make their money that way.

And I do not appreciate being called a fanboy. I've owned both an iPhone and an Android (currently using the Galaxy SIII, and happily). Funny that you accuse me of fanboyism when you yourself are just as zealous as the very fanboys you lash out against.
 

gnasher729

Suspended
Nov 25, 2005
17,980
5,565
I agree. IGB got lucky and won a Lotto .

:p

And Apple can set the price. The only value of this trademark is in the fact that you can sell it to Apple. Nobody in Brazil would fall for it if someone other than Apple tried to sell a phone named "iPhone". But once Apple wants to sell, and has to sell let's say under the name "Apple Phone", the value of that trademark drops to zero. Once the first million "Apple Phones" are sold, Apple isn't going to change the name.
 

50548

Guest
Apr 17, 2005
5,039
2
Currently in Switzerland
And Apple can set the price. The only value of this trademark is in the fact that you can sell it to Apple. Nobody in Brazil would fall for it if someone other than Apple tried to sell a phone named "iPhone". But once Apple wants to sell, and has to sell let's say under the name "Apple Phone", the value of that trademark drops to zero. Once the first million "Apple Phones" are sold, Apple isn't going to change the name.

Do you really think Apple will accept to dillute its brand in one of the most important emerging powers and a main target for the company, as already acknowledged by Tim Cook?

1) IGB sets the price; 2) Apple barks; 3) Apple pays.
 

Peace

Cancelled
Apr 1, 2005
19,546
4,556
Space The Only Frontier
Do you really think Apple will accept to dillute its brand in one of the most important emerging powers and a main target for the company, as already acknowledged by Tim Cook?

1) IGB sets the price; 2) Apple barks; 3) Apple pays.

More like

1. IGB sets the price
2. Apple threatens lawsuits that could cost millions. Millions IGB doesn't have.
3. Apple barks
4. Apple pays less than expected by IGB
5. IGB is still happy with the millions they got.
 

50548

Guest
Apr 17, 2005
5,039
2
Currently in Switzerland
More like

1. IGB sets the price
2. Apple threatens lawsuits that could cost millions. Millions IGB doesn't have.
3. Apple barks
4. Apple pays less than expected by IGB
5. IGB is still happy with the millions they got.

Oh sure - they will negotiate, but IGB will still get millions; important money for a Chapter 11 company.
 

InYou101

macrumors member
Oct 4, 2011
47
0
Trademark Patent

If someone or a company owns a registered name or idea then you have to pay to use it.. plain and simple, doesn't matter who you are. Isn't that why Apple and Samsung have spent/waisted billions of dollars on and why Apple patents EVERYTHING? Trademark dahling lol
 
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