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

gorskiegangsta said:
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".
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And exactly why IGB can't ask what they want?

They can ask what they want exactly like Apple can ask what they want for their not SEP patents.
 
writingdevil said:
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.
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obviously I wasn't serious when I said that, and I also despise patent trolls. but to be fair, they trademarked the name in 2000 long before the iPhone announced.

but could be they took the inspiration from the word iMac and the
i-everything that Apple did when Steve came back.

All valid points in your argument, so cheers for that.
 
blaubon said:
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...
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Arh yes the good old, hay because you didnt agree with apple you can't play with my toys argument.
 
Peace said:
Don't think there was a trial. They settled out of court before a trial.
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You're absolutely right. While there was a lawsuit initiated, it didn't go to trial, as both parties agreed to settle out of court. I seem to have mixed the terms.

So, the notion that "Apple lost" and is required to pay IGB "whatever they want" is beyond ignorant.
 
gorskiegangsta said:
You're absolutely right. While there was a lawsuit initiated, it didn't go to trial, as both parties agreed to settle out of court. I seem to have mixed the terms.

So, the notion that "Apple lost" and is required to pay IGB "whatever they want" is beyond ignorant.
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Apple lost with the trademark office and now it doesn't have the trademark for phones in Brazil.
 
Oletros said:
Apple lost with the trademark office and now it doesn't have the trademark for phones in Brazil.
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Apple didn't "lose" anything with the trademark office. IGB complained to the Brazilian trademark office and they found Apple to be infringing on IGB's trademark. and rightly so. Then Apple started discussions with IGB before a trial.

There was no "trial" between Apple and the Brazilian trademark office.
 
Oletros said:
And exactly why IGB can't ask what they want?

They can ask what they want exactly like Apple can ask what they want for their not SEP patents.
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As I've mentioned, during settlement talks, IGB can ask for whatever they want - it is their right. However, Apple is not lawfully obligated to accept whatever they ask for, no matter how unreasonable it is. If, and only if, settlement talks break down, then the companies will go to trial and the court will determine the appropriate (i.e. fair and reasonable) compensation amount.

Oletros said:
Apple lost with the trademark office and now it doesn't have the trademark for phones in Brazil.
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Once again - not true. The lawsuit was initiated and Apple attempted to challenge the validity of the trademark, which ended up being validated. Then the companies agreed to settle out of court. There were no winners or losers, as there was no trial.
 
Apple should just slap a different back on any being sold in Brazil calling it the Apple 4S or 5. Then run ads saying "The Apple Phone 5, Not to be confused with that cheap piece of trash from IGB running android and using our worldwide brand name."
 
maflynn said:
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
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Just as I had originally predicted, this case was crystal-clear for Apple: either pay up or shut up, and this is what is going to happen - my estimation is around a $25 million settlement, or something around that.

Kudos to Brazil for applying trademark law as it should.
 
Last edited:
That's a good looking phone, better looking than the iPhoney. But then again, it is an Android.:D

Nice to see Crapple getting a dose of its own medicine in courts around the world.
 
I think Apple should just leave this alone. It's free mindshare, and who buys the IPHONE anyway?

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stockscalper said:
That's a good looking phone, better looking than the iPhoney. But then again, it is an Android.:D

Nice to see Crapple getting a dose of its own medicine in courts around the world.
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Reads comment: "troll"
Reads signature: "even worse"
 
blaubon said:
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...
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Except it was trademarked in Brazil before the iPhone existed.
 
thehustleman said:
Well they had the trademark before apple.....
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And somehow it was only granted on 2008, a year after iPhone came out with a storm!! Hmmmmm! Enough with this bs!

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0815 said:
What? Apple didn't do their homework, they didn't research where that name is already used
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But it wasn't being used! Does anyone read now days?? It was only granted to them on 2008!! Geeezzzz...

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AppleScruff1 said:
Except it was trademarked in Brazil before the iPhone existed.
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Another one who can't read!!
 
BvizioN said:
And somehow it was only granted on 2008, a year after iPhone came out with a storm!! Hmmmmm! Enough with this bs!

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But it wasn't being used! Does anyone read now days?? It was only granted to them on 2008!! Geeezzzz...

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Another one who can't read!!
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What has to do when it was granted when what it counts is when you apply for it?

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Peace said:
Apple didn't "lose" anything with the trademark office. IGB complained to the Brazilian trademark office and they found Apple to be infringing on IGB's trademark. and rightly so. Then Apple started discussions with IGB before a trial.

There was no "trial" between Apple and the Brazilian trademark office.
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Apple lost the exclusive trademark

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gorskiegangsta said:
As I've mentioned, during settlement talks, IGB can ask for whatever they want - it is their right. However, Apple is not lawfully obligated to accept whatever they ask for, no matter how unreasonable it is. If, and only if, settlement talks break down, then the companies will go to trial and the court will determine the appropriate (i.e. fair and reasonable) compensation amount.
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Exactly why a court has to determine the amount for having the right to use a trademark?


gorskiegangsta said:
Once again - not true. The lawsuit was initiated and Apple attempted to challenge the validity of the trademark, which ended up being validated. Then the companies agreed to settle out of court. There were no winners or losers, as there was no trial.
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Did Apple lost the exclusive trademark yes or not?
 
bflowers said:
Apple should just slap a different back on any being sold in Brazil calling it the Apple 4S or 5. Then run ads saying "The Apple Phone 5, Not to be confused with that cheap piece of trash from IGB running android and using our worldwide brand name."
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But its not worldwide is it, not in Brazil
 
dreadnort said:
But its not worldwide is it, not in Brazil
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well, if you choose to define world wide as in every single country, and every continent, then no. However, my dictionary app says "extending or spread throughout the world." if you are slightly more reasonable, I would say that given the number of countries Apple sells products in, I would say the iPhone is a world wide brand.

But then, you might not be reasonable. After all, there isn't an Apple store in Antarctica, and probably not much in the way of carrier presence there to offer it on contract.
 
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