Brazilian Electronics Company Revives Long-Running iPhone Trademark Dispute

[MacRumors]

Apple has been involved in a long-running iPhone trademark dispute in Brazil, which was revived today by IGB Electronica, a Brazilian consumer electronics company that originally registered the "iPhone" name in 2000.

IGB Electronica fought a multi-year battle with Apple in an attempt to get exclusive rights to the "iPhone" trademark, but ultimately lost, and now the case has been brought to the Supreme Federal Court in Brazil, according to Brazilian site Tecnoblog (via Reddit).

IGB Electronica under the name Gradiente produced a line of IPHONE-branded Android smartphones in Brazil in 2012, and there was a period of time where the Brazilian company was given exclusive rights to the iPhone trademark. That ruling didn't last, though, and Apple and IGB ultimately both wound up with rights to use the name in the country.

Apple has sought to prevent IGB from using the trademark, while IGB has been attempting to regain its exclusive access to the branding. A decision in 2018 upheld a 2013 ruling that gave both brands permission to use the trademark.

With the most recent lawsuit, IGB is aiming to reverse that 2018 decision, but the case could take years to get a ruling from the Supreme Federal Court in the country. IGB has been in judicial recovery since 2018 and has lost close to 1 billion Brazilian Reals, so the company may be hoping for a payout from Apple to end the dispute.

Article Link: Brazilian Electronics Company Revives Long-Running iPhone Trademark Dispute

 

[Emanuel Rodriguez]

Sounds like they just wanted to give their lawyers something to do, tbh.

We're all a bit bored in these coronavirus days.

 

[betovzky]

This is the kind of iPhone nobody wants ...

 

[centauratlas]

Sounds like they just wanted to give their lawyers something to do, tbh.

We're all a bit bored in these coronavirus days.

I think it really sounds like they are hoping for a pay day via strike suit.

 

[Jon Rowlison]

Dear Brazil;

We will be renaming your phone the "eyePhone" in your country... just for you guys. Sorry if this causes any confusion. You can take the issue up with IGB Electronica if you wish to keep the same name as the rest of the world. They are camping on the iPhone name in your country. Fine by us. Let us know if they change their mind.

 

[SDJim]

This random company decided FIVE YEARS after the release of the iPhone that they wanted to sell a competing product in their domestic market with the exact same name?
No wonder they never won.

 

[bchery21]

At this point it sounds like the only reason they're bringing this back up is to hopefully recoup the 1B Reals they went through the first couple rounds.

 

[Red Oak]

Brazil seems lost. Remember when Foxconn abandoned plans to build iPhones there because of issues with the labor force?

I put Brazil in the same category as France. Not able to build anything

 

[bollman]

But really. Apple, the company that wipes its ass with money could pay for the name iPhone. These dudes thought it up 7 years before Apple. They can't deny it, so why fight it?

 

[Piggie]

This random company decided FIVE YEARS after the release of the iPhone that they wanted to sell a competing product in their domestic market with the exact same name?
No wonder they never won.

To be fair to them, the article says they had registered the iPhone name in the year 2000.

SEVEN YEARS Later, Apple introduces a product onto the market and decided to also call it iPhone.

The company who had the name Seven Years before got a bit miffed about the situation.
Can't really blame them can you?

What if Apple had the iPhone name registered 7 years earlier and then another company used the same name?

 

[NickName99]

Brazil seems like a weird place. It’s like a mashup of the worst bits of a bunch of flawed first world countries.

 

[praetorian909]

Let’s not forget Apple paid Cisco for the trademarked name iPhone, and they had IOS before as well

 

[4jasontv]

This random company decided FIVE YEARS after the release of the iPhone that they wanted to sell a competing product in their domestic market with the exact same name?
No wonder they never won.

What? Apple not only trademarks things years in advance, they often don't even use the trademark. Meanwhile, Apple didn't have rights to the iPhone name in 2007 when they launched in the US.
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Let’s not forget Apple paid Cisco for the trademarked name iPhone, and they had IOS before as well

UGH - YOU BEAT ME!

 

[entropys]

South American property rights seem as robust and coherent as South American economics. Probably a strong correlation.

 

[4jasontv]

What if Apple had the iPhone name registered 7 years earlier and then another company used the same name?

But they didn't. They didn't have the rights for years after they launched the iPhone. It's not like they didn't know Cisco owned the name. Steve even called the CEO of Cisco 2 years prior and was like 'can we have it' and Cisco was like 'uh... no." So Apple launched the iPhone without rights to use that name. Apple and Cisco ended up coming to an agreement which also included Apple paying royalties for the iOS name too.

 

[tridley68]

Hmmm companies not making money due. To the pendemic so let's sue Apple since they have deep pockets.

 

[vault]

Looks like this dispute will be an excuse for many people to **** on a whole country, or even continent. Just wow.

 

[4jasontv]

Hmmm companies not making money due. To the pendemic so let's sue Apple since they have deep pockets.

I mean, they have had the trademark for 20 years and have been fighting Apple for the last 13... but sure... let's call it a cash grab.

 

[JosephAW]

Apple should just buy them out for 1000 Brazilian real and be done with it.

 

[alien3dx]

ipaq come before iphone. Cheers . linksys iphone

 

[boss.king]

It's always funny when Apple fanatics lose their minds over other companies infringing on Apple's patents, trademarks, IP, etc, but when Apple does it to a smaller business then suddenly it's fair game and those small companies should just suck it up close up shop.

I don't understand how Apple hasn't lost this one yet. Just pay the company a ******** of money for rights to use it, they own the trademark fair and square.

 

[826317]

I mean, they have had the trademark for 20 years and have been fighting Apple for the last 13... but sure... let's call it a cash grab.

Fighting a trillion dollar company for 13 years is not actually as serious as you might think. 13 years is nothing if the end result is a $100 million or whatever payout. Depending on the content of the original trademark, you can make your point, however, looking at the given context, this does seem like a cash grab. What did this company lose out on exactly? The only reason they ended up making phones in 2012 was to legitimise this trademark lawsuit. Without Apple, their trademark would be rotting away in some Brazilian government database. Nothing more, nothing less.

 

[imdropbear]

Fighting a trillion dollar company for 13 years is not actually as serious as you might think. 13 years is nothing if the end result is a $100 million or whatever payout. Depending on the content of the original patent, you can make your point, however, looking at the given context, this does seem like a cash grab. What did this company lose out on exactly? The only reason they ended up making phones in 2012 was to legitimise this patent lawsuit. Without Apple, their patent would be rotting away in some Brazilian government database. Nothing more, nothing less.

Trademark not patent but yeah, their product didn’t even exist when Apple released their iPhone. Android didn’t even exist back then.

Both trademark names and parents shouldn’t last for years if you aren’t even actively working to use them.

 

[826317]

Trademark not patent but yeah, their product didn’t even exist when Apple released their iPhone. Android didn’t even exist back then.

Both trademark names and parents shouldn’t last for years if you aren’t even actively working to use them.

My bad. For some reason I keep having the word "patent" in my head when reading this article. Must be because of the amount of patent-related posts that show up on MR.

 

[Naraxus]

Typical Apple bullying behavior. Never mind that IGB have had the trademark LONG before the iPhone was even being considered Apple feels it's entitled to the trademark just because. I hope Apple loses this.