Apple Granted Rights To Use ‘iPhone’ Name In Brazil
Back in March, we reported that Brazil’s IGB Electronica, who owned the ‘iPhone’ registered trademark in the country since 2008, had decided to stop the legal battle with Apple over the iPhone trademark in Brazil and is seeking a workable solution to the issue. Well we don’t know how settlement negotiations with Apple worked out for IGB but today, a Brazilian court has officially ruled that Apple can use the ‘iPhone’ name legally for its iPhone in Brazil as well, according to CNET.
Judge Eduardo de Brito Fernandes has ruled against IGB Electronica in retaining exclusive rights to use the iPhone name. The Brazilian company had argued that it owned the ‘iPhone’ trademark for its Android smartphone known as a “Gradiente iPhone” which was released in December last year, just a month before the trademark was due to expire.
In his ruling, Fernandes called Apple’s iPhone “world renowned,” the AFP reported Wednesday. The judge said that giving the Gradiente phone exclusive rights to the name wouldn’t be fair to Apple since “all the (Apple) product’s renown and client following have been built on its performance and excellence as a product.”
The judge also said that Gradiente’s name just used a combination of “internet” and “phone” as a way to brand a mobile phone with Internet access, BNAmericas said. Apple already had an extensive “i” product line registered in several countries, according to the judge.
While the court has ruled that Apple and IGB must share the iPhone name in Brazil, IGB says it would soon appeal the decision.