Android Central

It's a slightly bizarre feeling, but in Brazil, this Android smartphone is the iPhone. And, thanks to a ruling by Brazilian regulators, it can continue to be called the iPhone, as Apple has been ruled not to have exclusive rights to the trademark in the country. The key item involved in the dispute -- local company Gradiente registered the iPhone trademark there in 2000, some 7 years before the first Apple iPhone. Apple's argument centered on the fact that while the trademark may have been filed, Gradiente failed to release a handset under the moniker until 2012.

Speaking to the BBC, the Institute of Industrial Property (INPI) said they expect an appeal to the decision from Apple. They also went on to declare that the decision only applies to handsets, and that Apple still has exclusive rights to the iPhone term on clothing, in publications and in software. Apple can still sell the iPhone in Brazil, but as it stands Gradiente has the option to sue for exclusivity. 

The iPhone Neo One is available for 599 reals ($304/£196.) 

Source: BBC


Reader comments

Brazil rules Apple doesn't have exclusive rights to iPhone trademark


Good... This a Marriage that should have happened a long time ago! Now that we are Jailbroken on iOS 6.1.. ALL Phones do the same things.. :-)

…what? I don't know what you mean by that. But just for the record, a jailbroken iPhone is still nowhere as good as an Android phone. It's more like… a Samsung Galaxy Y Pro.

Karma is a bitch and Apple's reckoning is just beginning.

The brazilian company is multi billion dollar company and the lead maker of cell devices for Brazil, The courts there will not appeal the decision for Apple, politically that company is Brazilian and contributes to their economy. Would be nice if they could claim the copyright world wide and apple would have to change the name. Apple can't buy every judicial system.

Right. No possibility of settlement sharing with the Brazilian regulators for their help in the matter? Then the logic of the regulators is the problem rater than ethics.

I'm visiting Brazil in May. Where can I buy the Android iPhone?

Can I bring it back to the US? Or will Apple send a SWAT team
to my home at 2AM and confiscate it? :D

Same thing happened in Mexico, where Apple also 'lost' the iPhone trademark... So far, the phone's been selling like hotdogs and nothing else has happened.

Person A: For reals?
Person B: Yes, for 599 reals in fact.
Person A:......
Person B: Yes it's their currency.

Haha, sorry to ruin your joke, and to inform Richard, but the correct plural for its currency (Real, meaning Royal) would be "Reais", therefore 599 Reais. An apple iPhone 4s there would cost 1.999 Reais, the iPhone 5 isn't available yet. And Gradiente is just coming back from bankruptcy, so it would be good for them to make some money out of apple.

Somewhere Apple is in a corner stomping their feet at a fast pace saying "Not fair, not fair, not fair!!" Then proceed to hold their breath....

The real problem is the patent and trademark system. Patents are handed out like Worthers originals. Apple has a freaking patent for "a rectangle with rounded corners". I would have loved to have been a fly on the wall when that one hit the desk of the insane idiot who approved it. I'm betting the reaction was "OMG, OMG, OMG....holy cow...they've gone and done it....A rectangle with ROUNDED corners....this is the greatest thing since the caveman discovered fire...."APPROVED". The same holds true for trademarks. I understand that when trademarks were first invented, there was a real need for them because unscrupulous vendors would instantly package their wares with a logo that was designed to look like a logo from a reputable vendor. Heck, we still see this today. The difference is, most people today (I SAID "MOST" SO DONT FLAME ME) are smart enough to know the differences between the legitimate logo'ed vendors and the dime a dozen flash in the pan vendors who want to cash in on something that can be made with little effort but sold for tons of money. And the final nail in the coffin is when a company like Apple sues another company for patent or trademark infringement, the stupid idiots in the courts allows it. Seriously, does anyone in the world think that Apples sales are suffering because Samsung made a tablet that was, oh cr@p, a rectangle with rounded corners. No, Apples sales are suffering because Samsung went out and did something REALLY REALLY dastardly. They went out and made something BETTER and they chose to build it in a "rectangle with rounded corners". Yes, this is an over simplification of the patents and trademark situation, but it applies. Apple is too stupid to realize that while they do make a seriously sweet device or 3, they forgot that people want variety and offering the same old tired device with minor improvements and upgrades at even higher prices is not the kind of variety people want.

Even though I dont like patents and trademarks, I see the reason for them. So, its nice to see a court ruling in the favor of a company who had an idea first. Just because they didnt put something out during the first 12 years of their trademark, that doesnt mean it wasnt their trademark. There are trademarks registered that have never been used. That doesnt make them void. Apple should have engaged the vendor when they were informed of the problem and attempted to purchase the trademark from them. Instead, they push the little guy hoping that they will quiver in their boots and back down. I guess they shouldnt pick on billion dollar corporations on their own turf. Real justice would be for that company to bring a lawsuit to the US and force Apple to rename their product.

As a brazilian and android user, I find this hilarious.
Also, there's a mistake at the end of this article...

1 real
2 (or more) reais

So, it should say 599 reais, or R$599,00