Brazilian Electronics Company Revives Long-Running iPhone Trademark Dispute

[SDJim]

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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UGH - YOU BEAT ME!

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?

Except this company only had whatever rights they did in Brazil, not any place the iPhone is designed or manufactured, which is why Apple was allowed to continue to sell iPhones to Brazilians. This argument makes no sense. This company didn't have a U.S. copyright or trademark rights to "iPhone". This company didn't "get miffed" seven years later, they didn't care until they decided to put out a phone in 2012, because only then did they have a "competing" product. I would put money on them loving the association with Apple because I'm sure it boosted their bottom line. (EDIT: assuming they actually tried selling phones, instead of, as others conjectured, just "releasing" a competing product as ammo for a legal settlement)
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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.

*in Brazil

They own the trademark... IN BRAZIL. Even then, because of that very important circumstance, Apple is still allowed to sell their internationally designed and built phones to Brazilians. I'm sure we care more about this lawsuit than Apple, as it has almost no effect on their operations or sales.

 

[FightTheFuture]

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.

Yep, this is the cutthroat world of business. It makes more sense to just pay a fee than pay for royalties in some cases. Last year’s court battle with Qualcomm was reminiscent of that. We can argue all day what’s ethical or who deserves what, but in the end they’ll get what they want.

What’s interesting is that Apple still wasn’t as big as they are now in 2007, and Jobs had the stones to do that.

 

[lolkthxbai]

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?

Because they didn’t produce an actual product that used the name “IPHONE” until 5 years after the original Apple iPhone was announced. So why pay out a substantial amount of money for a name of a phone that didn’t exist until 12 years later?

 

[dannyyankou]

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.

Ok, so I'll register the trademarks "iCar" and "Apple Car" and hold onto them for years. Then, when Apple tries to sell a product under that name, I'll sue them. And I'll have your support I assume?

 

[sloaiza]

Remind me of this. https://lavoz.bard.edu/articles/index.php?id=1206643

 

[Porco]

I have no judgement on who is right or wrong in this, but do we know if they registered the trademark using an iMac?

 

[boss.king]

Ok, so I'll register the trademarks "iCar" and "Apple Car" and hold onto them for years. Then, when Apple tries to sell a product under that name, I'll sue them. And I'll have your support I assume?

You'd certainly have the support of the trademark system. Apple's been know to park on trademarks themselves in the past, so it's not like they're innocent in all this.

 

[dannyyankou]

Except this company only had whatever rights they did in Brazil, not any place the iPhone is designed or manufactured, which is why Apple was allowed to continue to sell iPhones to Brazilians. This argument makes no sense. This company didn't have a U.S. copyright or trademark rights to "iPhone". This company didn't "get miffed" seven years later, they didn't care until they decided to put out a phone in 2012, because only then did they have a "competing" product. I would put money on them loving the association with Apple because I'm sure it boosted their bottom line. (EDIT: assuming they actually tried selling phones, instead of, as others conjectured, just "releasing" a competing product as ammo for a legal settlement)
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*in Brazil

They own the trademark... IN BRAZIL. Even then, because of that very important circumstance, Apple is still allowed to sell their internationally designed and built phones to Brazilians. I'm sure we care more about this lawsuit than Apple, as it has almost no effect on their operations or sales.

This is absolutely right. And it's why a companies like this are allowed-

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No affiliation to Target corporation in America, and they know if they sue Target Australia, they'd lose. Different trademarks in Australia and America.

 

[keifer123]

The iphone that even the Brazilians don't know it exists.

 

[strongidea]

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.

The random company in this case is Apple. They come to a foreign market, try to use an already registered trademark (registered 20 years ago, long before the iPhone was announced) and think it’s cool to get away with it.

I’m sorry to break it to you but the United States, including Apple, are not the centre of the world.

 

[GeoStructural]

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.

They registered the brand name "iPhone" SEVEN YEARS BEFORE Apple's iPhone existed. I do think they have some grounds here. And they also sold products with that branding before the 2012 one this article references.
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Hmmm companies not making money due. To the pendemic so let's sue Apple since they have deep pockets.

They started the lawsuit years ago, what are you talking about.

 

[apparatchik]

Sadly, the Brazilian market is not very relevant to Apple, is its 10th or 11th market, i.e. like Belgium or the Netherlands, Apple prefers to spend in lawyers and make them loose money than award them a buyout.

 

[strongidea]

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

Unfortunately it does not surprise me.

 

[gnasher729]

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

I know there was some dispute, but I also remember that Cisco did some rather dodgy things with their trademark claim (like forging adverts to prove that the iPhone name was in active use, when they didn't actually have a product by that name), and I never actually heard of any payments.

Now IOS vs. iOS might be different, but I think Cisco just still uses that name.
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You'd certainly have the support of the trademark system. Apple's been know to park on trademarks themselves in the past, so it's not like they're innocent in all this.

You don't. There is a limited time where you have to create a product, otherwise you can lose the trademark.

 

[criticasm]

I'm highly dubious of anything "registered" in Brazil. This was a country that once "officially" claimed some dude was a 130 yrs old. Any trademark claims should be taken with a grain of horse$hit.

 

[dogslobber]

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

Shouldn't this be Cisco's fight as they own the trademark. It really has nothing to do with Apple.

 

[dampfnudel]

I wonder if this Brazilian company was aware that Apple was developing the iPod in 2000 and decided to register the name iPhone, correctly believing Apple would develop a phone a few years later.

 

[crjackson2134]

I can’t believe this is even news...

The registration covers the Apple graphic and brand name "iPhone" under number 3,746,840 covering International Classes 9, 28 and 38 which are presented for clarification.

Are the claiming rights to the graphic+name ....

 

[mariusignorello]

I really think the court should consider who actually has a successful product when awarding something like this. I doubt that piece of garbage phone is any good and Apple’s devices crush it in sales.

 

[cbaca51]

Patent troll. They only care about the iPhone name because Apple. If Apple never excited and made the iPhone, they wouldn’t care to pursue this.

 

[Khaleesi Kendall]

Eh I’m on apple side. They only care because Apple made the name relevant.

 

[junior]

I wonder if this Brazilian company was aware that Apple was developing the iPod in 2000 and decided to register the name iPhone, correctly believing Apple would develop a phone a few years later.

iMac, iBook as well.
The ‘i’ had already become synonymous with ‘cool’ and Apple.
I think it’s obvious where the trademark idea had come from.
I don’t blame them either. Could turn out to be one of the easiest and largest returning 20 year investments.

 

[fbr$]

iMac, iBook as well.
The ‘i’ had already become synonymous with ‘cool’ and Apple.
I think it’s obvious where the trademark idea had come from.
I don’t blame them either. Could turn out to be one of the easiest and largest returning 20 year investments.

Yeah, but not only Apple was using the "i", for example Honda was launching the i-VTEC engine in 2001.

 

[raybo]

Yeah, but not only Apple was using the "i", for example Honda was launching the i-VTEC engine in 2001.

with a hyphen...

 

[ilikewhey]

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

everyone got their own problems, the brand in brazil did register the trademark 7 years before apple came out with the iphone.
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South American property rights seem as robust and coherent as South American economics. Probably a strong correlation.

probably no correlation at best, thats a very ignorant comment, slam an entire continent cause one singular case, xenophobia much?