“The ruling is the result of a local company, Gradiente Eletronica, registering the name in 2000, six years before the US firm. Apple can continue to sell iPhone-branded handsets in Brazil,” The Beeb reports. “But the decision means that Gradiente has an option of suing for exclusivity in South America’s biggest market.”
“The Institute of Industrial Property (INPI) told the BBC that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications,” The Beeb reports. “INPI added that Apple had argued that it should have been given full rights since Gradiente had not released a product using the iPhone name until December 2012. Apple is asking the INPI to cancel Gradiente’s registration through expiration – it is arguing that the Brazilian firm did not use the name within a five year limit. The Manaus-headquartered company now sells its Android-powered iPhone Neo One for 599 reals ($304; £196).”
Read more in the full article here.
MacDailyNews Take: As previously reported, Gradiente is “open” to dealing with Apple, as in: Open your bank vault, Apple, take out a big wad (to us) of cash and deposit it in our bank account.
iPhone trademark owner in Brazil ‘open’ to selling rights to Apple – February 5, 2013
Analyst: Apple likely to buy right to use iPhone brand in Brazil – December 27, 2012
IGB to sell ‘IPHONE’ brand of Android phones in Brazil – December 18, 2012