Apple Loses Rights to iPhone Name in Brazil

To most consumers, the iPhone name is practically synonymous with Apple. That?s not the case in Brazil, however, where regulators ruled that Apple does not have the exclusive rights to use the ?iPhone? trademark. A local company named Gradiente Eletronica previously applied to register the name in 2000 and was granted rights to it in 2008.

Apple petitioned for rights to the name, claiming that Gradiente had not used it in the past five years. That argument was derailed when Gradiente suddenly released a new product at the end of last year with the name iPhone Neo One, which?was enough to convince Brazil?s Institute of Industrial Property (INPI) to rule in Gradiente?s favor. To add insult to injury, Gradiente?s iPhone runs on Android, the chief competitor to Apple?s iOS.

The decision means that while Apple can continue to sell its iPhones in Brazil, Gradiente has an option of suing for exclusivity to the name at any time. The BBC reported that INPI understands that Apple is currently seeking to appeal the decision. In the meantime, Gradiente has indicated that it is open to negotiations and it is likely willing to cut a deal? for the right price, of course.

Source: http://www.telecommonthly.com/2013/02/apple-loses-rights-to-iphone-name-in-brazil/

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