Apple’s iPhone Naming Faces Copyright Law In Brazil

iPhone After a costly legal argument set by Apple, the Brazilian court has rejected Apple’s request to register the brand ‘iPhone’ in the country, one of the most rapidly growing cell phone marketplace.

Apple’s agents in Brazil stated that the trademark application filed by Apple was denied as a locale electronics manufacturer named IGB Eletrônica SA holds the rights under their phone brand Gradiente. The Gradiente brand released a phone named IPHONE Neo One. IPHONE Neo One uses Google’s Android OS and is price tagged at $304.

Brazilian ‘National Institute of Industrial Property (INPI)’ spokesman, Marcelo Chimento said that Apple is fighting the ruling indicating to Gradiente’s failure to make any use of the brand name within a 5 year time frame as the Brazilian trademark laws demand. An Apple spokeswoman refused to make further comment.

Brazilian trademark laws follow a ‘first come, first served’ policy when it comes to rewarding registrations.

Gradiente first filed papers wanting the IPHONE trademark back in 2000, six years before Apple brought out its iPhone lineup. In 2008, Gradiente won exclusive rights to the brand for local use under the condition of releasing a qualifying product under the trademark within 5 years. And the company did so by releasing the IPHONE Neo One in last December, roughly making the deadline.

Apple’s challenge is now being evaluated. But recent events suggest that the tech giant will have to spend a lot more time in the court.

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