Firm Owning 'IPHONE' Trademark in Brazil Open to Selling Mark to Apple

[KnightWRX]

Originally Posted by Radio

they should sue apple for the iphone name

clearly firm owning iphone came up with original idea 1st

Apple was sued over the iPhone trademark even in the US back in 2007 when they launched it :

http://newsroom.cisco.com/dlls/2007/corp_011007.html

So it isn't the first time they've had grief over stepping on someone's trademark for the iPhone.

[AppleInTheMud]

Originally Posted by Risco

It's a done deal, you don't mess with Apple or it's lawyers.

Not all countries are the US

In some countries you have to have RIGHT to win. Not money.

[Risco]

Originally Posted by AppleInTheMud

Not all countries are the US

In some countries you have to have RIGHT to win. Not money.

Brazil is not one of those countries.

[AustinIllini]

Originally Posted by AppleInTheMud

Not all countries are the US

In some countries you have to have RIGHT to win. Not money.

You act like Apple can't bring in an expert in Brazilian law to help them win this. I don't think they will, but I'm saying it's certainly possible. Especially in Brazil where companies are heavily in bed with the government (Petrobras).

[olowott]

Long Term investment

Its Time to get Paid

and apple is gonna pay

[Glassed Silver]

Originally Posted by AppleInTheMud

Not all countries are the US

In some countries you have to have RIGHT to win. Not money.

Brazil an uncorrupt country?

Dude, that's really cute!

Glassed Silver:mac

[drblank]

Originally Posted by timshundo

Of course they are.

They'd probably make more money selling the name to Apple than there is profit in selling the actual product.

[KdParker]

I would be willing to talk also $$$$

[Zax]

Originally Posted by gugy

Nothing new here.
Gradiente was after easy money anyway. They are a dying company and was never planning to make a phone in the first place.

Gradiente is not a dying company, they make good products. And they owned the name iPhone long before Apple.

[KnightWRX]

Let them think what they want, the truth is Apple is not some white angel living in a black hellish world. They have been often sued, including for trademark infringement over the name iPhone and had to settle.

It's not always a "clear cut win" for "Apple and its lawyers".

[TouchMint.com]

So wait what do they sell their iphones as now in brazil? something like apple phone? or iiphone?

[BRLawyer]

Originally Posted by Meandmunch

Cash grab. If this is legit, I would if I could.

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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Originally Posted by gugy

They can't afford it.

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

[Risco]

Originally Posted by KnightWRX

Let them think what they want, the truth is Apple is not some white angel living in a black hellish world. They have been often sued, including for trademark infringement over the name iPhone and had to settle.

It's not always a "clear cut win" for "Apple and its lawyers".

You guys are missing the point, Apple will of course have to pay. Just they won't have to pay what is demanded of them.

[Peace]

Originally Posted by TouchMint.com

So wait what do they sell their iphones as now in brazil? something like apple phone? or iiphone?

It's a trademark not a patent.

they don't "have" to make a phone.

[JarScott]

Meh, Apple should just go for it. They need to own the iPhone trademark outright otherwise it'll just cause issues in the future. They're going to start running into problems like this all the time though in the future. You can imagine that lots of companies come up with names which Apple could possibly call their products and then buy rights hoping Apple will fork out millions to retrieve the rights.

[VulchR]

'EuPhone'*?

*According to Google translate, 'Eu' is Portuguese for 'I'. By the way, in looking this up Google had the bad taste to advertise their browser. I can see a day when Google requires their browser to use their search engine....

[Caseynd]

as long as they dont pay more than china, seems like more possible users in china vs. brazil

[BRLawyer]

Originally Posted by AustinIllini

You act like Apple can't bring in an expert in Brazilian law to help them win this. I don't think they will, but I'm saying it's certainly possible. Especially in Brazil where companies are heavily in bed with the government (Petrobras).

Well, Petrobrás IS state-controlled - what else would you expect?

Other Brazilian multinational champions are NOT: Vale, AB Inbev (established in Belgium but totally controlled by Brazilian capital), the banks Bradesco and Itaú and Embraer (the third largest aircraft maker in the world).

[skorpien]

Patent troll or not, it's obvious they were just trying to profit from the name. And now that their own device has flopped, they're willing to talk with Apple... I say Apple should just change the name to Apple Phone or some such thing in Brazil and let them keep their trademark.

[AustinIllini]

Originally Posted by BRLawyer

Well, Petrobrás IS state-controlled - what else would you expect?

Other Brazilian multinational champions are NOT: Vale, AB Inbev (established in Belgium but totally controlled by Brazilian capital), the banks Bradesco and Itaú and Embraer (the third largest aircraft maker in the world).

Any country that is in a big business like that can be manipulated by money. Brazil is no exception. Apple could find 100 lawyers to fight this case and it doesn't matter where it is.

[BRLawyer]

Originally Posted by skorpien

Patent troll or not, it's obvious they were just trying to profit from the name. And now that their own device has flopped, they're willing to talk with Apple... I say Apple should just change the name to Apple Phone or some such thing in Brazil and let them keep their trademark.

No, they won't ever accept to dillute their brand like that - Apple will have to pay up, that's for sure.

How much? No idea, but Mr Staub will surely appreciate the extra income.

[KnightWRX]

Originally Posted by Risco

You guys are missing the point, Apple will of course have to pay. Just they won't have to pay what is demanded of them.

Of course not, that's how negotiations work though. You ask for more than you're willing to take while the other party offers less than they are willing to pay.

Both parties gradually work towards getting a common agreable price.

You don't start off with your best offer right away, otherwise you have no where else to go during negotiations.

[Peace]

Originally Posted by AustinIllini

Any country that is in a big business like that can be manipulated by money. Brazil is no exception. Apple could find 100 lawyers to fight this case and it doesn't matter where it is.

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.

[BRLawyer]

Originally Posted by AustinIllini

Any country that is in a big business like that can be manipulated by money. Brazil is no exception. Apple could find 100 lawyers to fight this case and it doesn't matter where it is.

I don't think paying 100 top lawyers is gonna be cheaper than paying Gradiente for a license anyway.

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

http://www.ie.ufrj.br/desenvolviment...ecnologica.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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Originally Posted by Peace

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.

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.

[nick_elt]

Originally Posted by skorpien

Patent troll or not, it's obvious they were just trying to profit from the name. And now that their own device has flopped, they're willing to talk with Apple... I say Apple should just change the name to Apple Phone or some such thing in Brazil and let them keep their trademark.

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.

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Originally Posted by Peace

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.

Brazil doesnt own the trademark....