Battle for trademark of iPhone between Brazilian IGB Eletrônica S. A. and the Apple continued for the thirteenth year. Twice the Brazilian Federal authorities, the conflict was “finally settled,” for the last time in 2018 – but in may this year find themselves on the verge of ruin IGB Electronics (it is an international name IGB Eletrônica S. A.) filed a lawsuit in Brazil’s Supreme court, demanding to cancel the decision of the lower court in 2018. To return her exclusive right to the disputed trademark, and to recover from Apple a billion Brazilian reais in compensation for the damage. Hopes for a peaceful resolution of the conflict is not true: Brazil’s Supreme court is ready to take the side of the plaintiff and will soon announce its decision.
In the lawsuit, the company stated the following:
Permit some companies to freely use a trademark that another company had registered before, to the detriment of free competition and infringing intellectual property rights.
And there is written that the decision by the regulatory authority (instance of a lower level) violated the fundamental constitutional rights that it is unfair, illegal and wrong. Commenting on the lawsuit, the Brazilian media have accused Apple of discrimination in small companies, although the IGB Eletrônica S. A., she’s IGB Electronics and Gradiente company is quite large, before the pandemic, there were almost 20 thousand people. The Brazilian press is, of course, entirely on the side of the IGB Electronics, in its statement Apple Computer (registered trademark iPhone in the end of 2006) is presented in a terrible light: Steve wanted to call my smartphone that way, and he didn’t care, free is the name or not.
If Apple’s lawyers (and other employees of the American office for patents and trademarks) were only interested in if the sign in the “first world” – the USA, Canada and some European countries – and Brazil is not even noticed. It’s not true. About how all was actually – will tell in the end. First understand what threatens Apple.
Apple takes brand of the iPhone?
Even the highest court of the Federative Republic of Brazil (Supreme court) has no right either to prohibit or to demand outside of its juridicla. He is the highest authority in the Federal Republic.
In the worst case, this country will not be allowed to sell new iPhone under their real name. Either Apple will leave the Brazilian market (until a new court decision), or rename the iPhone, for example, in "Apple Phone". If the Supreme court's decision will indeed be fulfilled.
In 2013, the INPI (Brazilian national Institute of Industrial property, the analogue of the Bureau of patents and trademarks USA) confirmed Gradiente exclusive rights to the trademark. Apple was forbidden to sell the iPhone in the country and even beyond its borders in all of Latin America. For violations provided for brutal sanctions, including confiscation, but the iPhone (from Apple) was sold in Latin America up to that decision and sold it.
Meanwhile, Brazil is one of the world’s largest importers of iPhone and other Apple technology. But the Assembly plant for iPhone and accessories for it, which has already been built, put into operation banned. In fact, in 2018 INPI reversed the decision due to the fact that it didn’t work, and laughed at him. Billion reais Apple is likely to pay is 186,3 million dollarsfor Apple in 2020 is quite the amount of lift. Perhaps the plaintiff seeks exactly that. What do you think? Let’s discuss in our Telegram chat.
Apple stole the name iPhone?
Brazilian company with two official names (IGB Eletrônica S. A. and IGB Electronics is the internal and external variants of the same name) in 2000 has registered with the INPI trademark “IPHONE”. But the project for which this trademark was registered, did not take place. Until 2012, this trademark was not used.
In 2006, when Steve jobs saw that the smartest phone in the world, which came to an end and that it was necessary to present to the world — the iPhone, he ordered the lawyers to check in the world – up to Africa and Papua New Guinea – was not there something about the brand. Found in several countries, including Brazil and everywhere except in Brazil, the brand was able either to buy or rent.
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Talks with the head of Gradiente nor to no avail – he refused. Saying that he demanded an unacceptably large compensation, the payment of which, in 2006, Apple was unable to go. Steve, on reflection, decided to ignore this conflict because no response Gradiente to take will not, at least in the next few years.
The way it was. Until 2012, when Gradiente called your Android phone "iPhone" and filed for Apple to court. A year after the death of Steve jobs.
They say that between Steve and Eugenio Mr. Armando emílio was reached some agreement, but this is just a guess. The rest you already know. In 2013, the exclusive right IGB Eletrônica S. A. the brand iPhone was confirmed, in 2018, it was allowed to use both companies in may 2020 IGB Eletrônica S. A appealed to the highest court in the country, and in the coming weeks, maybe even days, will be made the third a final decision on the 13-year-old dispute.