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

Monday March 11, 2013 7:28 am PDT by Ben Lovejoy
gradiente_iphoneForbes reports that Apple and Brazilian company IGB have agreed to end their lawsuit over the iPhone trademark in Brazil, and are close to reaching a settlement agreement.
According to Brazil’s largest daily, Folha de São Paulo, both companies have agreed to end the lawsuit over iPhone and come to some sort of “pacific agreement,” the paper reported on Saturday. Apple has paid millions for its exclusive use of the word iPhone in the past and will likely pay IGB as well.
IGB had applied for the "iPhone" trademarke in Brazil in 2000, years before Apple's phone was launched, and was granted the trademark in 2008.

Apple challenged the trademark on the basis that IGB had failed to use the trademark until it was close to expiration, but the Brazilian Industrial Property Institute ruled in IGB's favor after it launched a low-cost Android smartphone using the iPhone brand late last year. Apple took the matter to court, but has now withdrawn the legal action after IGB suggested that it was open to selling the trademark.

Apple's current use of the "iPhone" name in Brazil is not currently being hampered while the dispute plays out, with the company being allowed to continue selling the iPhone under its popular name and Apple retaining control over the iPhone name for other categories of use such as software.

Apple is expected to make a cash settlement for exclusive rights over the name in Brazil. It previously settled a dispute over the iPad trademark in China for $60 million, but there is no word yet on a settlement amount for the Brazilian case.

[ 45 comments ]

Top Rated Comments

(View all)

Avatar
0815
88 months ago

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...


What? Apple didn't do their homework, they didn't research where that name is already used and failed to acquire the rights to use that name from the rightful owners. I don't think many people in 2000 were expecting Apple to come out with an iPhone ... It iPhone might be synonymous today with Apple, not back than.
Rating: 7 Votes
Avatar
thehustleman
88 months ago
Well they had the trademark before apple.....
Rating: 7 Votes
Avatar
winston1236
88 months ago

Translation: Apple opened the door to their enormous vault at Gringotts and turned back to IGB and said "So, how do you want to resolve this?".


They should charge apple 30% of all iphone sales.
Rating: 6 Votes
Avatar
macs4nw
88 months ago

they were simply lucky to have copyrighted that name


Exactly. They had it first, and after 2007 they realized the value of that little 'i'. Who can blame them.
Rating: 5 Votes
Avatar
Oletros
88 months ago

Apple should just close their factories in any country trying to blackmail them.


And it is a good thing that Apple is not ruled by people like those saying: leave UK, leave Brazil, leave anywhere were courts have not agreed with us

Face it , it is "Blackmail" we're talking about. Everyone in the world knows that "iPxxxxx" is synonymous with the Apple Brand...


In 2.000? Highly doubtful
Rating: 5 Votes
Avatar
Oletros
88 months ago

..and Apple should give them the finger and challenge them to prove in court that the trademark "infringement" is damaging enough to warrant such a claim.


You know that Apple lost the trial, don´t you?
Rating: 5 Votes
Avatar
AppleScruff1
88 months ago

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...


Except it was trademarked in Brazil before the iPhone existed.
Rating: 4 Votes
Avatar
gorskiegangsta
88 months ago

They should charge apple 30% of all iphone sales.


..and Apple should give them the finger and challenge them to prove in court that the trademark "infringement" is damaging enough to warrant such a claim.
Rating: 4 Votes
Avatar
Oletros
88 months ago

Quite a lot! Like the fact that when iPhone (the real one and not the dummy one) came out no one had the trademark for it.


I think you have to look at trademark lae
Rating: 3 Votes
Avatar
Oletros
88 months ago

..and you must know that every trial is structured around a specific set of claims. The trial that Apple lost dealt with the validity of the trademark, not the award of damages. On that front, the companies decided to settle. If it doesn't work out, there will be another trial which will examine the "negotiation" process and determine the proper, fair compensation.[COLOR="#808080"]



The trial that Apple lost said that they can't use the name iPhone in Brazil, nothing more. Now the company with that trademark can ask what they want for that trademark. There is no trial involved
Rating: 3 Votes

[ Read All Comments ]