“Apple had appealed INPI’s ruling arguing that Gradiente’s right over the iPhone name should have expired, as the Brazilian firm did not trade any products under that name in the five years after it was granted ownership. INPI granted Gradiente the patent in January 2008,” Ozores reports. “Gradiente launched its iPhone device in December 2012, less than a month before the patent was due to expire, as stated by Brazilian laws. Gradiente filed for the rights to the iPhone brand in Brazil 12 years ago, well before Apple’s iPhone launch.”
Ozores reports, “The judge claimed, among other things, that the iPhone brand gained visibility due to the worldwide success of Apple’s device and that INPI should have considered the market context before conceding exclusive rights to Gradiente. The judge also ruled in his decision that Gradiente’s name was just the combination of ‘internet’ and ‘phone,’ referring to a mobile phone with internet access, while Apple already had an extensive ‘i’ product line, registered in several countries. IGB said it will appeal the decision.”
Full article here.
MacDailyNews Take: Apple wins. Again.
Apple moves closer to resolving Brazilian iPhone trademark dispute – March 11, 2013
Apple loses iPhone trademark exclusivity in Brazil, must share with Gradiente Eletronica; Apple lodges appeal – February 14, 2013
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