Brazilian 'iPhone' Trademark Lawsuit Ends With Apple and IGB 'Close To Settlement'

[MacRumors]

Forbes reports that Apple and Brazilian company IGB have agreed to end their lawsuit over the iPhone trademark in Brazil, and are close to reaching a settlement agreement.

According to Brazil's largest daily, Folha de São Paulo, both companies have agreed to end the lawsuit over iPhone and come to some sort of "pacific agreement," the paper reported on Saturday. Apple has paid millions for its exclusive use of the word iPhone in the past and will likely pay IGB as well.

IGB had applied for the "iPhone" trademarke in Brazil in 2000, years before Apple's phone was launched, and was granted the trademark in 2008.

Apple challenged the trademark on the basis that IGB had failed to use the trademark until it was close to expiration, but the Brazilian Industrial Property Institute ruled in IGB's favor after it launched a low-cost Android smartphone using the iPhone brand late last year. Apple took the matter to court, but has now withdrawn the legal action after IGB suggested that it was open to selling the trademark.

Apple's current use of the "iPhone" name in Brazil is not currently being hampered while the dispute plays out, with the company being allowed to continue selling the iPhone under its popular name and Apple retaining control over the iPhone name for other categories of use such as software.

Apple is expected to make a cash settlement for exclusive rights over the name in Brazil. It previously settled a dispute over the iPad trademark in China for $60 million, but there is no word yet on a settlement amount for the Brazilian case.

Article Link: Brazilian 'iPhone' Trademark Lawsuit Ends With Apple and IGB 'Close To Settlement'

[maflynn]

I'm sure it means apple sending over a truck load of money, but in the long run its probably best to get this issue behind Apple

[macse30]

When will the iWhatever lottery end? I wonder if iPerson is taken yet.

[gorskiegangsta]

Translation: Apple opened the door to their enormous vault at Gringotts and turned back to IGB and said "So, how do you want to resolve this?".

[winston1236]

Originally Posted by gorskiegangsta

Translation: Apple opened the door to their enormous vault at Gringotts and turned back to IGB and said "So, how do you want to resolve this?".

They should charge apple 30% of all iphone sales.

[needfx]

they were simply lucky to have copyrighted that name

[JilzVT]

I would think IGB could pretty much name their price here. Apple has no cards left to play.

[gorskiegangsta]

Originally Posted by winston1236

They should charge apple 30% of all iphone sales.

..and Apple should give them the finger and challenge them to prove in court that the trademark "infringement" is damaging enough to warrant such a claim.

[Tankmaze]

Apple challenged the trademark on the basis that IGB had failed to use the trademark until it was close to expiration

well, can't fault the company trying to make some money from the biggest corporation in the world

[Oletros]

Originally Posted by gorskiegangsta

..and Apple should give them the finger and challenge them to prove in court that the trademark "infringement" is damaging enough to warrant such a claim.

You know that Apple lost the trial, don´t you?

[thehustleman]

Well they had the trademark before apple.....

[iGrip]

Originally Posted by gorskiegangsta

..and Apple should give them the finger and challenge them to prove in court that the trademark "infringement" is damaging enough to warrant such a claim.

As bad as apple's General Counsel is at this sort of stuff, we can all thank Goodness that his judgement is not bad enough to accept THIS advice.

[gorskiegangsta]

Originally Posted by Oletros

You know that Apple lost the trial, don´t you?

..and you must know that every trial is structured around a specific set of claims. The trial that Apple lost dealt with the validity of the trademark, not the award of damages. On that front, the companies decided to settle. If it doesn't work out, there will be another trial which will examine the "negotiation" process and determine the proper, fair compensation.

----------

Originally Posted by iGrip

As bad as apple's General Counsel is at this sort of stuff, we can all thank Goodness that his judgement is not bad enough to accept THIS advice.

Let's just hope their judgment isn't so bad as to accept the ridiculous claim of "30% of all iPhone sales".

[Oletros]

Originally Posted by gorskiegangsta

..and you must know that every trial is structured around a specific set of claims. The trial that Apple lost dealt with the validity of the trademark, not the award of damages. On that front, the companies decided to settle. If it doesn't work out, there will be another trial which will examine the "negotiation" process and determine the proper, fair compensation.[COLOR="#808080"]

The trial that Apple lost said that they can't use the name iPhone in Brazil, nothing more. Now the company with that trademark can ask what they want for that trademark. There is no trial involved

[blaubon]

Originally Posted by JilzVT

I would think IGB could pretty much name their price here. Apple has no cards left to play.

Apple should just close their factories in any country trying to blackmail them. Face it , it is "Blackmail" we're talking about. Everyone in the world knows that "iPxxxxx" is synonymous with the Apple Brand...

[szw-mapple fan]

IGB is just after Apple's cash reserves.

[0815]

Originally Posted by MacRumors

Apple challenged the trademark on the basis that IGB had failed to use the trademark until it was close to expiration

Close to expiration is still within the legal range of using it ... So Apple has no right to use it and the challenge should not hold up in court. Good for IGB, they probably get a good chunk of money from Apple, probably more than they would have made with their cheap Android phone.

[Oletros]

Originally Posted by blaubon

Apple should just close their factories in any country trying to blackmail them.

And it is a good thing that Apple is not ruled by people like those saying: leave UK, leave Brazil, leave anywhere were courts have not agreed with us

Originally Posted by blaubon

Face it , it is "Blackmail" we're talking about. Everyone in the world knows that "iPxxxxx" is synonymous with the Apple Brand...

In 2.000? Highly doubtful

[macs4nw]

Originally Posted by needfx

they were simply lucky to have copyrighted that name

Exactly. They had it first, and after 2007 they realized the value of that little 'i'. Who can blame them.

[0815]

Originally Posted by blaubon

Apple should just close their factories in any country trying to blackmail them. Face it , it is "Blackmail" we're talking about. Everyone in the world knows that "iPxxxxx" is synonymous with the Apple Brand...

What? Apple didn't do their homework, they didn't research where that name is already used and failed to acquire the rights to use that name from the rightful owners. I don't think many people in 2000 were expecting Apple to come out with an iPhone ... It iPhone might be synonymous today with Apple, not back than.

[Peace]

Originally Posted by gorskiegangsta

..and you must know that every trial is structured around a specific set of claims. The trial that Apple lost dealt with the validity of the trademark, not the award of damages. On that front, the companies decided to settle. If it doesn't work out, there will be another trial which will examine the "negotiation" process and determine the proper, fair compensation.

----------



Let's just hope their judgment isn't so bad as to accept the ridiculous claim of "30% of all iPhone sales".

Don't think there was a trial. They settled out of court before a trial.

[Oletros]

Originally Posted by Peace

Don't think there was a trial. They settled out of court before a trial.

There was a trial with the trademark office and Apple lost it

[writingdevil]

Originally Posted by Tankmaze

well, can't fault the company trying to make some money from the biggest corporation in the world

Well, you just warmed the cold cold hearts of every troll patent entity on the planet. Not that what the trolls do is illegal, just, from my perspective, disingenuous. Let's sit back while others do the creative work, expend energy, time and take risks of a lifetime, then let's squat on something because we can earn from their labors. Oh, yeah, we'll have to do something to hold on to our claim, maybe sign on to one of them astroid phones, so we can then hold the gun to the head of "the biggest (or any entity from a one man shop up) corporation in the world" and get a big payoff for our cleverness. The good ole folks in East Texas would dang sure sign on to that ideer along withya. I've no dog in the troll fight, in a totally different line of work, just always irked with "clever" people who game other people's talent.

[Peace]

Originally Posted by Oletros

There was a trial with the trademark office and Apple lost it

From Forbes :

According to Brazil’s largest daily, Folha de São Paulo, both companies have agreed to at least temporarily end the lawsuit over iPhone and come to some sort of “pacific agreement,” the paper reported on Saturday.

The trial ended before any decision was made by the court.

"MacMagazine.com.br, a news and information site for Apple products in Brazil, reported that the lawsuit could be “reactivated” if a deal cannot be reached between the two companies."

[gorskiegangsta]

Originally Posted by Oletros

The trial that Apple lost said that they can't use the name iPhone in Brazil, nothing more. Now the company with that trademark can ask what they want for that trademark. There is no trial involved

That is not how it works. While IGB can simply ask "whatever they want", no matter how far outside reason it is, Apple isn't lawfully bound to accept anything and everything they may ask for. IGB cannot ask for share of revenue on handsets sold outside their market. Similarly, the court cannot issue an injunction and/or award damages covering markets outside their jurisdiction.

Fact is, the companies chose to settle outside of court. If settlement talks break down, Apple can take IGB back to court to challenge their demands as "unreasonable".