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Brazilians Can Now Buy an "iPhone" Loaded With Android

Andy Prough writes "If you happen to be in Brazil and have 599 reals jingling in your pocket ($304 US dollars or £196), you can buy an iPhone — that runs Android. Gradiente Electronica, which registered the 'iPhone' name in Brazil in 2000, has won the right to sell its iPhone Neo One, an Android phone running version 2.3, Gingerbread. Gradiente won the ruling from the Institute of Industrial Property (INPI), despite Apple's argument that Gradiente should lose the right to 'iPhone' because it had not used the name between 2008-2012. Apple retains the right to appeal the case, and Gradiente now has the right to sue Apple for exclusivity in Brazil. If Gradiente wins, the only iPhones sold in Brazil would have a picture of a cute green robot on the box cover."

176 of 263 comments (clear)

  1. Apple lost in court by Noughmad · · Score: 5, Funny

    When are the Americans going to invade Brazil?

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    1. Re:Apple lost in court by azalin · · Score: 5, Informative

      Time to include Brazil in the "War on Drugs" (R)

    2. Re:Apple lost in court by Anonymous Coward · · Score: 1

      If Apple simply stops selling the iPhone in brazil, it won't be long until Gradiente Electronica is the most hated company there, as long as people figure out it's their fault.

    3. Re:Apple lost in court by Anonymous Coward · · Score: 4, Informative

      I hope you realize that foreigners don't patriotically salute the American flag, and may even be overjoyed that this company stood up to an overbearing American company.

    4. Re:Apple lost in court by Anonymous Coward · · Score: 1

      Time to include Brazil in the "War on Drugs" (R)

      Uh, they take offense to that comment, as you're insinuating they aren't a major player today.

    5. Re:Apple lost in court by BrokenHalo · · Score: 2

      But brazilians are americans...

      I thought they were a kind of haircut.

    6. Re:Apple lost in court by craigminah · · Score: 1

      ...and Americans generally don't give a crap about other countries and what they think... This is probably part of our problem but it makes us "endearing".

    7. Re:Apple lost in court by Anonymous Coward · · Score: 1

      Actually, we just want iPhones like everybody else.

    8. Re:Apple lost in court by famazza · · Score: 3, Insightful

      If Apple stops selling the iPhone in Brazil, there will be massive illegal import paying no taxes for government. Maybe this is the most intelligent movement for Apple at the moment. Brazilian government won't accept such a loss of tax income and will provide a "legal" solution for Apple.

      --

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    9. Re:Apple lost in court by mwvdlee · · Score: 4, Interesting

      Legal solution; rebrand your product.
      It's not uncommon: Opel/Vauxhall, Axe/Lynx.
      Why should Apple get special treatment?

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    10. Re:Apple lost in court by fredprado · · Score: 3, Informative

      The illegal import in iPhones, which is not very significant, won't likely be affected at all.

    11. Re:Apple lost in court by daem0n1x · · Score: 5, Interesting

      So you think Brazilian government should subvert its own country's legal system to benefit an American private company? I like the way you think, it's so... Banana Republic.

      Have you read the news in the latest decades? Some things have changed, you know?

    12. Re:Apple lost in court by dougisfunny · · Score: 4, Funny

      You might need a merkin if you get a brazilian.

      --
      This is not the funny you're looking for.
    13. Re:Apple lost in court by pjabardo · · Score: 2

      Not middle class Brazilians. Parent post is most probably correct.

    14. Re:Apple lost in court by Anonymous Coward · · Score: 1

      I thought it was a very large number

    15. Re:Apple lost in court by hjf · · Score: 2

      Opel/Vauxhall and in latin america: Chevrolet.

      My mom had a Chevrolet Meriva, while someone from the UK had a Vauxhall Meriva, and someone from europe had an Opel Meriva.

    16. Re:Apple lost in court by tehcyder · · Score: 3, Funny

      Opel/Vauxhall and in latin america: Chevrolet.

      My mom had a Chevrolet Meriva, while someone from the UK had a Vauxhall Meriva, and someone from europe had an Opel Meriva.

      The Vauxhall Meriva is the best one, and I say this objectively as a British citizen.

      --
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    17. Re:Apple lost in court by CodeheadUK · · Score: 1

      The Vauxhall Nova was renamed the Corsa in Brazil (the name was later used in other markets) due to poor sales. No-va roughly translates to No-Go in the local dialect.

    18. Re:Apple lost in court by famazza · · Score: 1

      I DO think that brazilian legislators are as corrupt as they were 10 years ago (2003) or 15 years ago (1998).

      They will sell themselves so they can have their own Apple iPhones without having to struggle into "popular prices shoppings"

      And Brazil IS still a "Banana Republic". Do you really think that rich people will ever be arrested for driving drunk?

      --

      -=-=-=-=
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    19. Re:Apple lost in court by Anonymous Coward · · Score: 1

      Again with this nonsense? Listen, in Brazil they speak PORTUGUESE, not spanish. Nova in portuguese means "new". Besides, in spanish you wouldn't say "el coche no va", you would probably say "el coche no corre". There's fricking gasoline being sold in Mexico under the Nova brand, so your argument falls flat in its face.

      Btw, the Vauxhall Nova rebranding to Corsa was simply to unify the product range across all markets. The original name is and always was Opel Corsa, for the UK and other select markets it was rebranded as a Vauxhall Nova, eventuall to reduce costs the model name was unified as Corsa everywhere. There's a car still beind produced and sold under the Opel and Vauxhall brands called "Corsa".

      If you want to talk about a model being rebranded for the spanish speaking markets for linguistic purposes talk about the Mitsubishi Pajero. "Pajero" means, literally, "wanker" in spanish, so it was sold locally as the "Mitsubishi Montero" instead.

    20. Re:Apple lost in court by Cwix · · Score: 1

      Your "no va" story is a old wives tale. It is not true.

      Sure you can mangle Spanish to make a joke, but people have taken it too far. It has led to people like you believing it is true.

      --
      You are entitled to your own opinions, not your own facts.
    21. Re:Apple lost in court by N0Man74 · · Score: 1

      When are the Americans going to invade Brazil?

      I am sure you meant this in jest... but I think people underestimate Brazil. It has an economy with a higher GDP than the UK, and land area that is only a little behind the U.S. Brazil isn't some desert country less than a tenth of our size.

    22. Re:Apple lost in court by Runaway1956 · · Score: 1

      "And Brazil IS still a "Banana Republic". Do you really think that rich people will ever be arrested for driving drunk?"

      If that's your standard, then yes, the United States is still a banana republic.

      --
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    23. Re:Apple lost in court by iamhassi · · Score: 2

      Overbearing? I agree the world doesn't like all things American, but Apple did completely change the direction of smartphones and tablets and the Internet for the entire world. Without iPhone there would be no Android and "tablets" would still be 4 lbs windows laptops with swivel screens and keyboards. Have to give Apple credit where credit is due.

      --
      my karma will be here long after I'm gone
    24. Re:Apple lost in court by Cigarra · · Score: 1

      Not only is this a hoax, but a mutant one; a fake hoax!

      The original tale was about Spanish speaking countries, where "no va" literally means "doesn't go". In Portuguese it would be "nao vai".

      --
      I don't have a sig.
    25. Re:Apple lost in court by CodeheadUK · · Score: 1

      Snopes agrees with you.

      http://www.snopes.com/business/misxlate/nova.asp

      Every day's a school day.

    26. Re:Apple lost in court by amicusNYCL · · Score: 1

      Maybe this is the most intelligent movement for Apple at the moment. Brazilian government won't accept such a loss of tax income and will provide a "legal" solution for Apple.

      There's nothing "intelligent" about this, Apple lost the court case. They already have 3 legal (no need to quote that, because they're actually legal) solutions:

      1. Purchase the rights to use the "iPhone" name, the same way they purchased the rights to use "iPad" from Proview in China.
      2. Change the name.
      3. Not sell in Brazil.

      Apple sees Brazil as an "emerging market", they want that market share and those dollars. They aren't just going to not sell there. They can either pay to use someone else's trademark, or rebrand their phone for that market. I'll give them 10 to 1 odds that they pay for the usage rights.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    27. Re:Apple lost in court by desdinova+216 · · Score: 1

      These are not the droids you're looking for

    28. Re:Apple lost in court by rve · · Score: 2

      I DO think that brazilian legislators are as corrupt as they were 10 years ago (2003) or 15 years ago (1998).

      They will sell themselves so they can have their own Apple iPhones without having to struggle into "popular prices shoppings"

      And Brazil IS still a "Banana Republic". Do you really think that rich people will ever be arrested for driving drunk?

      That is not a banana republic, it's just a place with open corruption. A banana republic is a place that is effectively owned and run by a foreign company that makes the rules for the local government instead of the other way around. The classic example were the Standard Fruit Company and the United Fruit Company, which effectively owned several central American countries during the 20th century.

    29. Re:Apple lost in court by Cwix · · Score: 1

      Yep! I cant blame you though, it is a believable story.

      --
      You are entitled to your own opinions, not your own facts.
    30. Re:Apple lost in court by dsouza42 · · Score: 1

      If Apple stops selling the iPhone in Brazil, there will be massive illegal import paying no taxes for government.

      Apple wont stop selling the iPhone. They will likely settle. Gradiente is a small company that makes and sells crappy products. They were big a few decades ago when electronics couldnt be imported. Now they are struggling to survive and they want money. They released their own "iPhone" (also a crappy product) because if they didnt they would lose the name. They have already stated to the press that they are open to negotiate an agreement with Apple.

    31. Re:Apple lost in court by RivenAleem · · Score: 1

      Just give it time, all those trees will be Oil eventually.

  2. Looks legit by LordLucless · · Score: 5, Informative

    The company registered the trademark before Apple even thought about launching the iPhone, and produced the physical product to go with it. Good on them. If Apple really cared about the Brazilian market, they would have checked up on trademarks as part of due diligence before branding - it's not like Apple hasn't had bad experiences with trademark issues before.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    1. Re:Looks legit by azalin · · Score: 1

      I'm not saying Brazil isn't an interesting market, but it probably isn't in the top 5. It is really not that simple/cheap to check the entire world for trademarks. Also I guess the naming scheme started before the music player could place phone calls. I guess they checked iPod more thoroughly.
      On the other hand this is not the first time this company gets in trouble for using other peoples trademarks. A certain British music label comes to mind...

    2. Re:Looks legit by SimonTheSoundMan · · Score: 1

      "naming scheme started before the music player could place phone calls"

      How could they check for "iPod" and if it could place calls? They registered the iPhone trademark a year before the first iPod was announced.

      It's also not just Apple record label, CISCO also had a telephone called "iPhone".

    3. Re:Looks legit by loosescrews · · Score: 4, Interesting

      Cisco made and sold a product they called iPhone before Apple in the US. This didn't stop Apple from selling their iPhone is the US without aquiring the rights.

      http://en.wikipedia.org/wiki/Linksys_iPhone

    4. Re:Looks legit by gutnor · · Score: 1

      It is really not that simple/cheap to check the entire world for trademarks.

      Which is a bit disappointing when you think of it. It only takes a single google search to instantaneously find a dry cleaner anywhere in the world, but you need a lawyer and days to find reference to an official registration made with any of the 200 governments of the world.

    5. Re:Looks legit by mvar · · Score: 3, Informative

      I was about to post the exact same thing. they settled that lawsuit

    6. Re:Looks legit by LordLucless · · Score: 1

      No, but it could have, if Linksys had taken their action all the way. Instead, they presumably got a tidy sum in the settlement. Decent win for them, I'd say. Nothing like a bit of rent-seeking to keep the wallet happy.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    7. Re:Looks legit by Sulphur · · Score: 1

      I'm not saying Brazil isn't an interesting market, but it probably isn't in the top 5. It is really not that simple/cheap to check the entire world for trademarks. Also I guess the naming scheme started before the music player could place phone calls. I guess they checked iPod more thoroughly.

      On the other hand this is not the first time this company gets in trouble for using other peoples trademarks. A certain British music label comes to mind...

      Home of the iBeatles?

    8. Re:Looks legit by Anonymous Coward · · Score: 1

      CISCO also had a telephone called "iPhone".

      And their routers run IOS.

    9. Re:Looks legit by mabhatter654 · · Score: 1

      Apple Tecords clearly abused the trademark process to cover personal computers that DIDN'T EXIST when they filed. It was just Steve being a poor kid that didn't have good lawyers to prevent them from sticking him.

      He fixed that...

    10. Re:Looks legit by Vintermann · · Score: 2

      Apple's use of the naming scheme started with the iMac in 1998, though I'm pretty use the iPrefix was used by others before that... and it's kind of hard to call something a naming scheme when there's only one example.

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    11. Re:Looks legit by tylutin · · Score: 1

      No, they didn't.

      The law suit was against Apple iTunes.
      There was never a problem until Apple decided to get into the music business.

    12. Re:Looks legit by BrokenHalo · · Score: 2

      It is really not that simple/cheap to check the entire world for trademarks.

      Given the scope of Apple's legal resources, it should be. Especially for a company whose business model seems to involve suing the crap out of everybody rather than actually doing any innovation. And no, making a phone 0.00001 mm thinner than the model they released in 2007 does not count as innovation.

    13. Re:Looks legit by Vintermann · · Score: 4, Informative

      Apple the record company settled with Apple computers for $80000 and a promise that they wouldn't enter each other's respective business domains. The record company got angry when the computer company did just that in 2003 with iTunes.

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    14. Re:Looks legit by mabhatter654 · · Score: 2, Insightful

      Apple was already working on acquiring rights before release... They were just being held up. Again, Cisco hadn't SOLD the product in several years... It's not up to Apple to know if somebody "maybe might wanna" still use something.

      This Brazillian company had a trademark but NEVER released a product until well after Apple STARTED SELLING iPhones in 2008. If it was so important, they had 5 years to bring the matter up.

    15. Re:Looks legit by PopeRatzo · · Score: 2

      I'm not saying Brazil isn't an interesting market, but it probably isn't in the top 5.

      Give it time.

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    16. Re:Looks legit by fredprado · · Score: 1

      Whatever. The right was still theirs, and Apple should have consulted before. Now they are in a very bad position and will have to pay a lot to settle this.

    17. Re:Looks legit by Anonymous Coward · · Score: 1

      HP iPaq, does anyone remember that line? Apple have not had an original idea for names in years.

    18. Re:Looks legit by somarilnos · · Score: 1

      It's not like they've never released products before without caring for proper naming in markets that they care about.

      At the end of the day, they're a company that uses its clout in an effort to bully smaller companies out of the market by just ignoring their trademarks. Generally they figure they can just throw a little money at the problem and make it go away. Look at iCloud.

    19. Re:Looks legit by MickyTheIdiot · · Score: 4, Interesting

      That's just incorrect. I still have a Linksys iPhone I bought the year before or the same year the iPhone was released.

    20. Re:Looks legit by usuallylost · · Score: 1

      It looks like Apple's position is that Gradiente didn't produce their phone within the time frame legally required to protect their trademark. Since I am not a Brazilian lawyer, or another other kind of lawyer, I can't begin to say whether that is a claim that is valid or even passes the laugh test. This kind of stuff happens all the time. I don't see this being that big of a deal. Depending upon what happens in appeal, Apple will either win and Gradiente will rename their phone. They will both end up with competing and valid claims so you'll see Gradiente selling the "iPhone" and Apple selling the "Apple iPhone" or something along those lines. The third possibility is that Apple pays them off or just buys them out. With the kind of cash Apple has laying around my guess is there is some sort of economic accommodation to be had here. What I don't see is Apple not being able to sell the product in Brazil.

    21. Re:Looks legit by nedlohs · · Score: 1

      Yes, they used a time machine to file a lawsuit about the Apple iTunes in 1978.

    22. Re:Looks legit by Quila · · Score: 1

      I don't know Brazilian trademark law, but it looks like they registered it back in 2000 and then sat on it, not releasing anything until 2012. This is not what trademarks are for. They are to protect a product or a soon upcoming product. In this case the Brazilian company wants to ride on the iPhone fame created by Apple using trademark, exactly the opposite of what they're for.

      This is kind of what happened with Cisco. Cisco had basically abandoned the iPhone name and fraudulently renewed at the last minute after hype had started about an Apple iPhone.

    23. Re:Looks legit by morcego · · Score: 3, Insightful

      I'm not saying Brazil isn't an interesting market, but it probably isn't in the top 5.

      As far as cell phone are considered, it is.

      --
      morcego
    24. Re:Looks legit by Impy+the+Impiuos+Imp · · Score: 1

      This Brazil thing reminds me of that scene in Citizen Kane where Charles' worthless drunk dad says, "I have a right to that gold mine deed, too, now that it's worth somethin'."

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    25. Re:Looks legit by Quila · · Score: 1

      Another company called Infogear had a product called an iPhone, and Cisco bought the company. Cisco then stopped selling the iPhone in 2001, basically abandoning "iPhone."

      Then in mid 2006 all the hype about an Apple iPhone started up. Cisco's iPhone trademark had expired, but they were still in a grace period where they could save it, and they would need to declare under penalty of perjury that they'd been using the trademark during that period, and submit an example of the trademark in use.

      One little problem: No product had been sold with the name since 2001. So Cisco took a Linksys CIT200 VOIP phone box, literally slapped an "iPhone" sticker on top of the shrinkwrap on the back, and sent a picture of that with their renewal paperwork to the USPTO as evidence of their currently-shipping product just days before the final expiration. They wouldn't release an actual iPhone-branded product until seven months later.

      This was outright fraud on the USPTO, which is probably why Cisco basically gave up on a vague, worthless promise of looking into future interoperability.

    26. Re:Looks legit by jobdrb · · Score: 1

      Brazil its not top 5 Apple (expensive) market, but are in Top 5 in global mobile market. :)

    27. Re:Looks legit by tepples · · Score: 1

      And [Cisco's] routers run IOS.

      So do Nintendo's Wii game consoles.

    28. Re:Looks legit by LynnwoodRooster · · Score: 2

      I'm not saying Brazil isn't an interesting market, but it probably isn't in the top 5.

      Brazil is the 5th most populous country in the world.

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    29. Re:Looks legit by Stormwatch · · Score: 1

      their gravy train got shot in the back of the head.

      Wrong: two in the left side of the back, and two in the left shoulder, .38 hollow-points.

    30. Re:Looks legit by LordLucless · · Score: 1

      Take your own advice:

      The company registered the trademark before Apple even thought about launching the iPhone

      Gradiente, made an application for G Gradiente iphone in 2000 and it was approved in 2008

       
       

      and produced the physical product to go with it

      The Manaus-headquartered company now sells its Android-powered iPhone Neo One for 599 reals

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    31. Re:Looks legit by LordLucless · · Score: 1

      They applied for it in 2000 - it wasn't granted til 2008. I even referenced that in my post. Four years to bring a product to market isn't a particularly huge time. The iPhone wasn't even a glimmer in Apple's eye in 2000.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    32. Re:Looks legit by vakuona · · Score: 1

      Apple had the iMac in 1998, 2 or 3 years before iPaq!

      It's obvious that many companies are now engaging in trademark "squatting", in particular when Apple is involved. That is why Apple did the whole smoke and mirrors thing to acquire the iPad name from Proview.

      Why spend money on creating a product when you can rather more easily trademark a name Apple is likely to want to use. I am sure this is the reason we have an iPad instead of an iSlate or an iTab.

      If I was Tim Cook, I would direct that Apple sells iPhone in Brazil without the iPhone trademark. People will know they are iPhones anyway. Just remove the iPhone text on the back of the phone and continue as normal.

    33. Re:Looks legit by mcmaddog · · Score: 1

      than you bought some seriously OLD hardware off the discount shelf at Fry's because the Linksys iPhone was discontinued in 2001 and the first iPhone came out in 2007

    34. Re:Looks legit by mcmaddog · · Score: 1

      My apologies, I see now that Cisco rebranded their Linksys VoIP phone to be named iPhone in 2006 resurrecting the name

    35. Re:Looks legit by azalin · · Score: 1

      I know Brazil is big, but Brazilians aren't in the top five for Apple sales (at least yet) and that's all they care for.

  3. Schadenfreude by Compact+Dick · · Score: 3, Interesting

    Every now and then, an event occurs that should not [but does] fill one's heart with joy — mainly because of a universal form of justice being executed. This is one of those moments.

    1. Re:Schadenfreude by peragrin · · Score: 5, Interesting

      Why does this fill your heart with joy?

      a new android phone running yet another OUTDATED version of Android that isn't going to receive any kinds of long term updates.

      This product will be dead in a year. the iphone will keep chugging alone and apple won't have to even try to do anything about it.

      It is running Gingerbread people you should be screaming at this company to get off it's ass and release it with a recent OS.

      --
      i thought once I was found, but it was only a dream.
    2. Re:Schadenfreude by Vintermann · · Score: 2

      It's running Gingerbread in a near-third world country. It has features useful for Brazil (it's dual sim). It's probably a bit on the expensive side, but it's not necessarily underspecced just because it's running gingerbread. Getting the software to support all the hardware reliably is probably the main challenge for this Brazilian company (as it is for my Norwegian one, still waitting for my LTE tab updates, grr)

      --
      xkcd is not in the sudoers file. This incident will be reported.
    3. Re:Schadenfreude by JBMcB · · Score: 4, Informative

      Brazil isn't even *close* to being a 3rd world country. It' the sixth largest economy in the world, above England and Italy, and just below France. There are some dodgy parts, just like there are dodgy parts of the US.

      --
      My Other Computer Is A Data General Nova III.
    4. Re:Schadenfreude by mjwalshe · · Score: 1

      What a company favors a local over foreigners thats not universal justice that is poujadism you could almost think it was France or China :-)

    5. Re:Schadenfreude by sunderland56 · · Score: 1

      It would be worth the airfare to Brazil to buy one and use it in the USA... especially if you lived in Cupertino.

      Is that little green robot on the box displaying it's middle finger?

    6. Re:Schadenfreude by morcego · · Score: 3, Interesting

      It's running Gingerbread in a near-third world country. It has features useful for Brazil (it's dual sim). It's probably a bit on the expensive side, but it's not necessarily underspecced just because it's running gingerbread. Getting the software to support all the hardware reliably is probably the main challenge for this Brazilian company (as it is for my Norwegian one, still waitting for my LTE tab updates, grr)

      As a brazilian who is the owner of 3 android phones, I have to say that Gradiente's iPhone will tank. There are much better options here, not to mention cheaper.

      If Gradiente wants to compete in the brazilian cell phone market, they should worry about Samsung and Motorola, not Apple.

      --
      morcego
    7. Re:Schadenfreude by medcalf · · Score: 3, Insightful

      They are more likely angling for a settlement with Apple than trying to actually compete with other Android phone makers.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    8. Re:Schadenfreude by tehcyder · · Score: 1
      I have precisely zero interest in software updates for a phone, as long as it keeps working the same as when I bought it. I know it's an appalling offence against geekdom, but phones are like fridges or hoovers to me, I really don't care what's under the hood.

      As long as Gingerbread works with the hardware of the phone, who cares that it's "out of date"?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    9. Re:Schadenfreude by quenda · · Score: 1

      Every country in South America is a 3rd world country.

      Argentina, Uruguay and Chile may disagree. Brazil is catching up, sure they have a lot of poverty, but so does the US.
      Sometimes I fear the US and Brazil are converging.

    10. Re:Schadenfreude by Taibhsear · · Score: 1

      How well does iOS 6 run on your first or second gen iphone? ...oh.

    11. Re:Schadenfreude by macbeth66 · · Score: 1

      Third World means only one thing; it is not aligned with the Western ( pro-US ) or Communist ( pro-USSR ). It has nothing to do with the level of economic prosperity a country enjoys. Now that the USSR is in deep hibernation, the term has lost a lot of its value, but it does not equate with poverty.

    12. Re:Schadenfreude by amicusNYCL · · Score: 1

      http://en.wikipedia.org/wiki/Third_World

      Huh. Ireland, Austria, and 2/3 of Scandinavia are third-world countries, while Angola and Mozambique are first-world countries. I did not know that. I always wondered where that term originated, now I know.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    13. Re:Schadenfreude by Belial6 · · Score: 1

      By that logic, you could call the iPhone a Palm Pilot knockoff. The iPhone is just a PDA with a phone attached. When it was intorduced, that was the trend. Merge the cell phone and the PDA.

    14. Re:Schadenfreude by peragrin · · Score: 1

      Um that's 5.5 years ago.

      Go back 3 years to the iPhone 3S and you can install iOS 5

      At least apple provides updates for three years. And rips vendors generally don't support. Beyond 6 months. Maybe.

      --
      i thought once I was found, but it was only a dream.
  4. Why the extra name by balsy2001 · · Score: 4, Interesting

    Why add the "Neo One" to the name? You just won a case for a very valuable name in the electronics industry, why go adding extra crap to to let people know that it isn't really an iPhone? If you have no intention of trying to "trick" people into thinking it is an iPhone, why not just sell the name to Apple for what ever you can get? Just go all in and claim it is an iPhone period. Or get some balls release 4 models really quick and claim it is the iPhone 5.

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    1. Re:Why the extra name by cffrost · · Score: 1

      Why add the "Neo One" to the name? You just won a case for a very valuable name in the electronics industry, why go adding extra crap to to let people know that it isn't really an iPhone?

      Perhaps the "Neo One" designation indicates phones with a convenient-to-remove/replace battery, and reliance on fewer proprietary technologies than the Johnny-come-lately's iPhones.

      --
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      "Arguments from authority are worthless." —Carl Sagan
    2. Re:Why the extra name by Per+Abrahamsen · · Score: 1

      Nah, just release it as iPhone 6, and claim the iPhone 1-5 were internal prototypes if asked.

    3. Re:Why the extra name by BRSloth · · Score: 1

      Gradiente (the company making the phone) wants to paint themselves as the good guys, who simply got lucky of registering the name before Apple (they even have a video, in Portuguese, saying that their phone is "cheaper and have less features" while praising Steve Jobs in the process for making the "other" iPhone).

      My guess is that they are doing everything that is legal around here just to hike up the price. They probably know that being assholes would burn their brand (which is almost dead for around a decade) and just make Apple put more lawyers in the process.

    4. Re:Why the extra name by balsy2001 · · Score: 1

      Do you have a link for the video (I speak Portuguese) and wouldn't mind seeing it?

      --
      GENERATION 27: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    5. Re:Why the extra name by PCM2 · · Score: 1

      Why add the "Neo One" to the name? You just won a case for a very valuable name in the electronics industry, why go adding extra crap to to let people know that it isn't really an iPhone?

      You've kinda got it backwards. They "added the Neo One" because they had already been selling this model of phone as simply the Neo One. Then in October 2012, for whatever reason, they added the iphone part and started talking about how they owned the trademark, etc.

      The phone itself is pretty lackluster. Gingerbread, 700MHz single-core processor, altogether pedestrian specs.

      --
      Breakfast served all day!
  5. Re:This is what trademarks are for by santax · · Score: 5, Informative

    No, this ruling is just what the trademark is about. They were first to claim the name. So they get to use it. The amount of money an infringer on such trademark spends to get people to think they come up with the brand doesn't matter at all.

  6. A couple of points by cseg · · Score: 4, Insightful

    First, why not sell the name to Apple?

    Because Apple most likely isn't willing to pay what Gradiente wants. Apple has a track record for engaging in long and useless "negotiations" in Brazil. Years ago they wanted the right to set the pace within the App Store (defining age ratings for apps), and the Brazilian government didn't want that. Here the government decides that kind of stuff and Apple thought it wasn't an option, so the end result was that the App Store in Brazil was really shitty for years. Only a few games (those made by Brazilian developers) were available, many other apps were missing. Which even led to people coming up with ways to register their accounts in other countries' stores just to have access to apps they couldn't get here.

    Apple also exploits the market here. Brazilians have this retarded idea that more expensive = better. An unlocked iPhone 5 starts at U$U$650 in the US (today that would be ~R$1300 in Brazil). The Brazilian government imposes the highest and most nonsensical volume of taxes in the world, but Apple starts the iPhone 4S (iPhone 5 isn't even selling here officially yet) at R$2000. Carriers have been offering pre-orders for the iPhone 5 starting at around R$2600 with an expensive plan, or around R$3100 without one. It is believed that Apple itself will sell them in the R$2400-3000 range once it's officially released here.

    With those things in mind, the result is very likely that Apple wouldn't settle for a value Gradiente wanted.

    The second point is about the name.. They (Gradiente) very likely went with something slightly different for the case Apple eventually does decide on paying for the trademark. In that case, Gradiente's trouble with getting around "iPhone Neo One" should be slightly less complicated than simply "iPhone".

    1. Re:A couple of points by Sique · · Score: 4, Insightful

      Why being forced to sell a name anyway? Gradiente registered the name "iphone" (lower case p) in 2000. At this time, Apple had two iProducts (iMac and iBook), but there was no sight yet of a long chain of i-labelled consumer gadgets from Apple, and an Apple phone wasn't even on the drawing boards. The iPod came in 2001, so Gradiente's registration surely was without any intention to squat on a future, valuable trademark of Apple.
      Within the legal framework of trademark law, the name "iphone" (and all modifications of it, which can be easily confused with the original trademark), is rightfully Gradiente's. It's solely Apple which has a problem here, they tried the courts to solve it, and they lost. So they can beg Gradiente to sell the name to them, or at least get a license to use it, but there is no incentive for Gradiente to agree to any negotiations.

      --
      .sig: Sique *sigh*
    2. Re:A couple of points by Volanin · · Score: 1

      Parent's post current conversion:

      - iPhone 4S 16GB at apple store: R$2000 = U$1,018
      - iPhone 5 pre-orders at carriers: R$2600 = U$1,322 with contract / U$1,577 without contract.

      --
      If I clone myself, can I call it a thread?
      If a girl winks to us, can I call it a race condition?
    3. Re:A couple of points by balsy2001 · · Score: 1

      How much of that price difference is due to the cost of importation (taxes, tariffs, etc.)? I found a couple of articles quickly searching the web that make it look like the import tax would be 100% or more (http://www.ehow.com/list_6529981_import-duties-brazil.html, http://www.rosalienebacchus.com/articles/UnderstandingBrazilsTaxesOnImports_031210.html). I am not sure if this is applicable for iPhone or if it is even accurate/up to date. If that is correct then the prices of iPhone in Brazil are exactly what they should be. Start with a US price of $550 for iPhone 4S, apply the 2 to 1 currency conversion to get to 1100 Reais and then hit it with ~100% import tax and you get 2200 Reais for the 4s 16GB. Same applies for the iPhone 5 and you get to 2600 Reais. I thought that was why Apple and Foxcon were trying (did?) start manufacturing Apple products in country, to avoid the crazy import taxes.

      --
      GENERATION 27: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    4. Re:A couple of points by cseg · · Score: 2

      Yep, you got it mostly right.

      Importation taxing is insane here, and like I said on my previous post, very nonsense. Most stuff fall into this retarded law where at the border, they'll get taxed "to match the price practiced in the country". This law has the limit of R$5000, so anything more expensive than that will have its own separate law for importation.

      The problem is that it makes importing stuff unpredictable unless you have market information to match prices (which by itself is a lot of work for the average person). Not to mention that the final decision is made by the government and thus things can still differ wildly. You can appeal if you think it's wrong/unfair, but that will cost you extra money and most likely a lot of time (justice in Brazil is VERY slow). In the end, most people prefer to just pay whatever overprice they go for in the country, or have someone bring it from overseas (they can bring up to U$1500 in "undocumented personal gadgets" when (re)entrying the country).

      Foxconn built their factory here with that cut in taxes in mind, but the cut never really got to consumers. The 8GB iPhone 4, built in Brazil, is only R$400 (~U$200) less expensive than an iPhone 4S 16GB. Apple does get the phones made in Brazil cheaper than the imported ones, but they simply don't turn that into cheaper final products, which is the exploitation I mentioned in the other post. They like their "elite" status, and the Brazilian market is golden for that.

    5. Re:A couple of points by saxa · · Score: 1

      Not only for imports but all the products, even the produced there have mostly the same taxes except where they have governmental help.

      --
      Saxa
    6. Re:A couple of points by hjf · · Score: 1

      You think you have it bad with taxes? Come to Argentina...

      Anyway, I think you're right. Gradiente wants money from Apple, but maybe Apple has found that the Brazilian legal system is not as friendly to them as the US and European are. Less bullshit and even less appeals. So Apple can't exploit it like they do in USA.

      And they are too proud to pay. They think they're entitled to it because they are the "i" company. Fuck them, they sue anyone who uses a rounded edge. Let them suffer on this one for a while.

    7. Re:A couple of points by ifiwereasculptor · · Score: 1

      No, import fees are 60% of the product's value. The tricky part is that shipping is included in the price when applying the tax. Which means bigass importers get much lower prices than your average Joe (average Joe can't order enough to fill a freighter and distill the shipping taxes). Also, microprocessors are exempt from import taxes (motherboards and GPUs are still crazy expensive, though). I have no idea how they deal with smartphones' SoCs, but I know they don't pay the full 60%.

      For purposes of comparison, A Galaxy S3 in Brazil costs about R$1600 or $800, versus $549 in the US. An interesting thing about the brazilian market, though, is that electronics do not get progressively cheaper once better/newer stuff is released. You can still buy a Galaxy Nexus for the same price of a Nexus S. A motorola RAZR XT910 still costs the same as a RAZR i. A used, defective product is still sold for 60-80% of its retail value (no joke - you can see lots of ads for broken notebooks, and they are incredibly funny. Most of them read "it won't turn on, I don't know what happened". An obsolete notebook (Turion, IIRC) had had its screen torn off, but it was being sold for about 70% of its original retail value. The seller's rationale was that it worked if you plugged it to a monitor.)

    8. Re:A couple of points by CODiNE · · Score: 1

      I would agree that they were not squatting if "iPhone" made sense in Portuguese.

      Wouldn't miFono or something similar be a vernacular equivalent?

      --
      Cwm, fjord-bank glyphs vext quiz
  7. Re:This is what trademarks are for by Hentes · · Score: 1

    Or Apple could just buy the trademark instead of citing the other guy in court like usual.

  8. Re:This is what trademarks are for by lfourrier · · Score: 1

    Trademark is a privatisation of vocabulary. To be morally justified, it must have a purpose for all, not just for the trademark holder.
    What is the common justification is as a proxy for characteristics and quality of the trademarked goods.
    But when the trademark holder decrease the quality, or change the country of origin, and keep using the mark to use the goodwill it represent, he should lose his trademark, because the trademark is now used only for his benefit, as a mean to lie to consumers. Of course, morality and business are distinct worlds ...

    Now, iphone means apple for you. It meant something else before (from wikipedia : The first iPhone model, released by Infogear in 1998, combined the features of a regular phone and a web terminal).

  9. Re:This is what trademarks are for by oodaloop · · Score: 2

    Or Apple could pick another name, since someone else trademarked iPhone first.

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  10. Re:This is what trademarks are for by Bogtha · · Score: 2, Insightful

    this ruling is just what the trademark is about. They were first to claim the name

    What? No, that's not what trademarks are about. From Wikipedia:

    The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services.

    Trademarks are for identification purposes. When people buy an iPhone, the trademark is there so that they know when it says "iPhone" on the box, it's the iPhone they are thinking of and not some other product.

    Trademarks have never been land grabs where the first person to claim the name wins. Consider examples like "Escalator". That was originally a trademark, but became generic. Now anybody can make an escalator and call it such.

    --
    Bogtha Bogtha Bogtha
  11. Re:This is what trademarks are for by Bogtha · · Score: 2

    There are almost 200 countries in the world. Good luck coming up with a short, pronounceable product name that is original in all of them.

    --
    Bogtha Bogtha Bogtha
  12. Re:This is what trademarks are for by terjeber · · Score: 3, Insightful

    Which is why companies name products differently in markets where they were not able to secure the trademark. Sorry, the only travesty here is that Apple can continue to sell products in Brasil under the name iPhone.

  13. Would have been great in 2010! by Lumpy · · Score: 1, Insightful

    Really Android 2.3? Epic fail.

    The only thing newsworthy is the fact that he can use the name iPhone for what looks like is a completely mediocre china phone.

    --
    Do not look at laser with remaining good eye.
    1. Re:Would have been great in 2010! by Zorque · · Score: 1

      Brazil can be a pretty impoverished place, you can still find third-party SNES and Genesis clones kicking around pretty commonly (in fact, I believe they're still in heavy production). There are probably nicer Android devices available, but it's likely that most people can't afford something that would reliably run ICS or above.

  14. Re:This is what trademarks are for by LordLucless · · Score: 1

    People are going to be buying these iPhones under the impression they are the product Apple produces. This is exactly what trademarks are intended to prevent

    You're right - Apple should never have been able to market the iPhone in Brazil when there was an application pending on that trademark (on a side note - eight years to process a trademark application? Yikes!). The thing is, there was probably nothing to be done about it. The government wouldn't have taken issue with it, and any complaints Gradiente might have made would probably have been laughed away as trolling if they'd made them before their product was ready.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  15. iPhones design is tired by tuppe666 · · Score: 1

    They've have gone to extraordinary lengths to make them resemble the iPhone

    No they haven't. I personally find the iPhone design somewhat dated now, but it is distinctive. These phones look like mid-priced Huawei Android phones, It even has Android buttons on the front. The interface looks more like stock android...including widget layer...the iPhone needs to update their UI too....its not 2007 anymore.

    Its an attractive phone...and personally love the striking [and decidedly not Apple like] two tone casing, at this price; a fraction of the Apple iphone...its a steal. Its a phone I could see myself owning.

  16. Re:This is stupid. by sFurbo · · Score: 1

    This [...] does little to rehabilitate the world view of Brazil as a haven for the theft of intellectual property either.

    Apparently, Gradiente Electronica made a product with the name iPhone in 2000. If Apple could stop them from using that name simply because Apple started making a phone by the same name later, THAT would have shown that Brazil was a have for intellectual property "theft", or, more correctly, trade mark infringement.

  17. To create a Product Line by tuppe666 · · Score: 1

    Nah, just release it as iPhone 6, and claim the iPhone 1-5 were internal prototypes if asked.

    I think the point is so unlike Apples market-share losing strategy of producing only one iphone at a time. I suspect they will create a product line...like every other company on the planet.

    1. Re:To create a Product Line by tepples · · Score: 1

      Apple produces the previous generations of its existing product line, such as the iPhone 4 and 4S for Virgin Mobile, at the same time as the current generation for full-price carriers.

  18. The iPhone is made where? by tuppe666 · · Score: 4, Insightful

    The only thing newsworthy is the fact that he can use the name iPhone for what looks like is a completely mediocre china phone.

    The irony of this post hurts my brain.

  19. Re:This is what trademarks are for by Bogtha · · Score: 1

    Which is why companies name products differently in markets where they were not able to secure the trademark.

    That might have worked in the past, but now that the world is so connected, that's no longer a decent solution. Suppose Apple were to call their product "Apple Phone" in Brazil. If somebody buys a product labelled "iPhone" and gets it home to find that it's a cheap Android clone instead of an Apple Phone, do you think that's what they were expecting?

    Sorry, the only travesty here is that Apple can continue to sell products in Brasil under the name iPhone.

    The travesty is that people will be buying products labelled "iPhone" under the belief that they are buying the Apple product. This is exactly the scenario trademarks are intended to address, and the fact that they have not done so is an utter failure.

    Now, by all means argue that Apple should not be able to just come in and usurp a pre-existing product - that's certainly a reasonable position to take - but you can't say that this isn't a failure of trademark law to protect consumers.

    --
    Bogtha Bogtha Bogtha
  20. Re:This is what trademarks are for by RaceProUK · · Score: 1

    If a consumer buys a Brazilian iPhone expecting an Apple one, they ought to be able to sue Apple for a refund.

    Since you're already there, how's Columbia this time of year?

    --
    No colour or religion ever stopped the bullet from a gun
  21. Re:This is what trademarks are for by Bogtha · · Score: 1

    Most people aren't as knowledgable about technology as the average Slashdotter. They aren't stupid just because they confuse a phone called "iPhone" that has a full-size touchscreen, rounded corners, camera, and the ability to run apps with a phone called "iPhone" that has a full-size touchscreen, rounded corners, camera, and the ability to run apps. Your analogy with the fruit is ridiculous.

    --
    Bogtha Bogtha Bogtha
  22. Re:This is what trademarks are for by mabhatter654 · · Score: 1

    Trademarked have to be USED for trade. This company hasn't sold anything called "iPhone" since 2000...if EVER... And didn't bother to contest the first 5 YEARS Apple was selling iPhones around the world.

    Trademarks aren't patents that you keep in a drawer for 10 years... They are about IDENTIFICATION... So you have to use them... And if you don't DEFEND them, LOSE them.

  23. No no no!!! by tuppe666 · · Score: 4, Informative

    The law suit was against Apple iTunes.

    There was never a problem until Apple decided to get into the music business.

    I don't mean to correct you, wikipedia has a nice history http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer the short version of it, as part of the original *settlement* they agreed not to get into to music...and then they did.

  24. Re:This is what trademarks are for by Vintermann · · Score: 2

    Kodak did pretty well.

    --
    xkcd is not in the sudoers file. This incident will be reported.
  25. Actually we don't Android in Bazil too. :) by tuppe666 · · Score: 5, Informative

    Actually, we just want iPhones like everybody else.

    Actually we want Android phones...its why Apple only have 0.4% of the Brazilian Market. http://www.statista.com/statistics/245189/market-share-of-mobile-operating-systems-for-smartphone-sales-in-brazil/ compared to Androids 56%

    1. Re:Actually we don't Android in Bazil too. :) by Anonymous Coward · · Score: 2, Informative

      Kinda wrong.

      Yes, Apple is not selling iPhone 5 in Brazil, but you can buy iPhone 4 and 4S here:

      http://store.apple.com/br/browse/home/shop_iphone

    2. Re:Actually we don't Android in Bazil too. :) by morcego · · Score: 4, Informative

      Apple DOES NOT sell their phones "officially" in Brazil or Argentina (and most of latin america).

      You are wrong. Apple simply doesn't see it directly (their own store).

      Apple phones are sold by at least some of the cell phone companies (operators), and it is quite official.

      --
      morcego
    3. Re:Actually we don't Android in Bazil too. :) by tehcyder · · Score: 1

      The only way to get an iphone 5 here is to buy a bootlegged one, for an astonishing 2500 US dollars.

      Wouldn't it be cheaper to fly to the US and smuggle it back, if necessary (or as an added bonus depending on your point of view) by hiding it in your rectum?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    4. Re: Actually we don't Android in Bazil too. :) by Stormwatch · · Score: 1

      "Elop made a mistake" implies that he intended the move to benefit Nokia but failed. But did he? Remember that he was a Microsoft exec. So, more likely: his only goal all along was to prop Microsoft's interests, even if it kills Nokia. (And it pretty much did.)

    5. Re:Actually we don't Android in Bazil too. :) by LynnwoodRooster · · Score: 1

      Uh, your list of "Apple sells" countries forgets several dozen, such as China, Hong Kong, Malaysia, Indonesia, India, and many others... Oh, and did you know that three of those markets are LARGER than the US, Canada, or even the EU?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    6. Re: Actually we don't Android in Bazil too. :) by LynnwoodRooster · · Score: 1

      Here's a hint: the Symbian stealing? That's where iOS is getting it's market share as well. Before iOS, there was really just BlackBerry, Windows Mobile, and the 900 pound monster - Symbian. iOS and Android both stole marketshare from all 3 of those. Android, however, is gaining massively in countries like India and China which had tiny markets for smartphones back in the pre-2008 timeframe. Those are new users, who for the most part never used any of those first big-3 mobile platforms.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    7. Re:Actually we don't Android in Bazil too. :) by hjf · · Score: 1

      Yes it is cheaper, and you don't need to stick it up your ass. If you just bring your phone, working (with your sim card), customs won't give you trouble.

      now if you bring a dozen of them in their pretty little boxes is a different story.

    8. Re:Actually we don't Android in Bazil too. :) by hjf · · Score: 1

      OK, add to the list "the big technocentric south east asia" and "the parts of india that speak english".
      What else should I say not to hurt your political sensitiveness? Ah yes, Israel, how could I forget them. And Turkey. And everyhwere else in the world! In fact MORE people in the world can buy an iPhone than they can buy a bottle of Coca-Cola. And that was my fucking point, douchebag.

    9. Re:Actually we don't Android in Bazil too. :) by jmauro · · Score: 1

      This is true for Brazil only. There are no official retailers of the iPhone in Argentina due to import restrictions

    10. Re:Actually we don't Android in Bazil too. :) by LynnwoodRooster · · Score: 1

      Then your point was pretty poorly made. Your ad hominem attack proving the case... Cheers!

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    11. Re:Actually we don't Android in Bazil too. :) by morcego · · Score: 1

      This is true for Brazil only. There are no official retailers of the iPhone in Argentina due to import restrictions

      Sorry. You are correct. I should have been more specific.

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      morcego
  26. Re:This is what trademarks are for by mabhatter654 · · Score: 1

    Why pay for what the other company did not LEGALLY MAINTAIN? Legally, this's company did not maintain ANY Products with the "iPhone" name since 2000, they did not DEFEND the trademark for the first 5 years Apple sold "iPhone" all over the world, and they waited till last fall to use the name for a knock-off of what Apple was selling. In most countries they would have lost fair and square...

  27. Re:Android iPhones by Vintermann · · Score: 1

    Maybe you're a bit quick in lumping this phone in with "these Android iPhones"? looking at it, I think it looks a lot more like an Android phone than an iPhone.

    It has bottom buttons, app drawer, and a little green waving Android robot...

    --
    xkcd is not in the sudoers file. This incident will be reported.
  28. No wonder Apples share prive are plummeting by tuppe666 · · Score: 1

    Most people aren't as knowledgable about technology as the average Slashdotter. They aren't stupid just because they confuse a phone called "iPhone" that has a full-size touchscreen, rounded corners, camera, and the ability to run apps with a phone called "iPhone" that has a full-size touchscreen, rounded corners, camera, and the ability to run apps. Your analogy with the fruit is ridiculous.

    If those are the only features that an iPhone sells on, then it deserves its shrinking maketshare[and value], and their is nothing to differentiate it as a product...it is simply a brand. Suddenly Apple fanatics, and Google fanatics are on the same page; holding hands; singing "we are the world".

  29. Re:This is what trademarks are for by famazza · · Score: 1

    Although brazilians laws can be compared to most developed countries in world the execution is rarely satisfactory.

    Suing a company such as Apple could take up to 10 years, and the value will be not much higher then the cost of the fake iPhone.

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  30. Re:This is what trademarks are for by oztiks · · Score: 1

    eyePhone

  31. Re:This is what trademarks are for by AmiMoJo · · Score: 1

    No, you have it backwards. These guys registered the iPhone name first. People are going to buy Apple iPhones under the impression they are real Android iPhones, unwittingly being fooling into buying something they don't want.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  32. Re:Apple knows how to handle this by famazza · · Score: 1

    If Apple buys Grandiente it will be a win-win situation.

    Gradiente was a recognizable brand in Brazil until early 2000's. It has licensed products from Sony, Pioneer, Alpine, JVC, Nokia, Atari, Nintendo in Brazil, including Nokia 7110 (The Matrix Cellphone). This caused a very good impression on the quality of their products

    On middle 2000's Gradiente went into bankrupt. The brand was sold and the new owner has put it on hold until now.

    IMO Grandiente don't have a bright future ahead. Their only chance is to sell the company, or only the brand iPhone, to Apple, and hope to license other brands again.

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  33. Re:This is what trademarks are for by Bogtha · · Score: 2

    So who do you think the trademark should protect in this case? Apple?

    As I have re-iterated several times in this thread: the consumer.

    --
    Bogtha Bogtha Bogtha
  34. Re:This is what trademarks are for by usuallylost · · Score: 1

    My suspicion here is that this whole fight is about getting Apple to buy out their trademark. Odds are this phone being released with this name is more about forcing them to the negotiating table than a serious attempt to use the name. In the article the head of the Brazilian company pretty much says he wants settlement talks. All of this appears to be about setting the stage to see who has the best bargaining position when it comes time to talk money. Which is really what this is about.

  35. Brazilian law != US law by mangu · · Score: 5, Informative

    they did not DEFEND the trademark for the first 5 years

    Are you a Brazilian lawyer? If not, how do you know Brazilian trade mark law requires that?

    The decision to deny Apple the use of the iPhone trade mark was made by the Brazilian federal agency for intellectual property, one must assume they know what they are doing.

  36. Re:This is what trademarks are for by 1u3hr · · Score: 2

    People are going to be buying these iPhones under the impression they are the product Apple produces.

    Of course they aren't. The "Apple" name and logo still belong to Apple in Brazil. And like TFA says, the Brazilian iPhone will have a green Android logo. So, no "fake Apple iPhones" just "Brazilian iPhones". No one who wants an Apple iPhone will be buying these by mistake.

    That's the risk you take when you use such a very simple almost generic name for your product.

  37. Re:This is what trademarks are for by hjf · · Score: 1

    I'm not really sure how much Apple sells in Brazil.
    Companies like this tend to ignore "smaller" markets, disregarding them as "too small", or, sell their product as a very expensive niche product.

    In Argentina this is the situation with Apple (they only sell through "importers", with no support from Apple directly). XBOX/PS are in the same idea. Microsoft has been in Argentina for over 25 years, they export services, etc. But they don't officially sell XBOX360 or games. These are sold through importers, and with a credit card from Argentina, you can't access XBOX Live (not even to install the Netflix app).

    I call bullshit on the "rights" thing fanboys use to justify that (blah blah they could get in trouble for selling stuff through live if other company has distribution rights). Netflix has had NO issues in LATAM since they released their service here.

  38. It's not a fake iPhone by Anonymous Coward · · Score: 1

    It is a genuine iPhone.

    Apple's iPhone would, in Brazil, be the fake iPhone.

    Linksys' iPhone makes the Apple iPhone the fake iPhone.

    And this iPhone is not pretending to be the Apple iPhone, therefore is not a fake Apple iPhone.

  39. Re:This is what trademarks are for by terjeber · · Score: 1

    The travesty is that people will be buying products labelled "iPhone" under the belief that they are buying the Apple product

    Then they are stupid.

    You can't expect that all countries to bow to the requirements of the biggest player. This situation is very, very simple. There was not nefarious trademark squatting, there was a company that registered a trademark in good faith, years later a US company created a product using this trademark, and the US company never undertook the required trademark investigation. This is the fault of, and the responsibility of Apple.

    you can't say that this isn't a failure of trademark law to protect consumers

    Yes, I can say exactly that. Look at it like this: A local company creates a successful product and a huge american company with massive lawyers come in and sell an inferior product under the same name. Does the US company deserve to peddle its inferior product to consumers pretending it is the locally produced quality product? No matter how successful the Apple marketing machine is world wide, many (me included) would argue that an Android phone is of superior quality to the Apple offering. Why should Apples inferior product be allowed to lure buyers away from the domestic, higher quality product?

  40. Re:This is what trademarks are for by tehcyder · · Score: 1

    There are almost 200 countries in the world. Good luck coming up with a short, pronounceable product name that is original in all of them.

    Slartibartfast

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  41. Over 100 percent import duty by tepples · · Score: 1

    Brazil imposes duties on imported electronics totaling over 100 percent of the retail price.

    1. Re:Over 100 percent import duty by dafradu · · Score: 1

      No, you can bring a lot of electronics under a 500 dollars quota, cellphones don't even go under that quota if they are for personal use, that is, you opened it and placed you BR simcard on it. If you bring stuff over your quota and don't declare taxes upon arrival you pay a 50% fine on whats over 500 dollars.

    2. Re:Over 100 percent import duty by Erikderzweite · · Score: 1

      Under 500 dollars? So, no iPhones.

    3. Re:Over 100 percent import duty by dafradu · · Score: 1

      Yes iPhones, its for personal use so the price doesn't matter. The same goes for watches, clothes, shoes, cosmetics etc. Some of those items have quantity limits, like max 3 watches per person, or max 3 shoes of a kind. If you can reasonably prove its for personal use its OK.

    4. Re:Over 100 percent import duty by Kaenneth · · Score: 1

      How much of that is in retailation for the US sugar tariffs, corn subsidies, etc?

  42. Server Name Indication by tepples · · Score: 1

    I have precisely zero interest in software updates for a phone, as long as it keeps working the same as when I bought it.

    Except it won't "keep[] working the same as when [you] bought it." Security vulnerabilities might be discovered in the operating system. Web sites might start relying on features that the phone's browser doesn't support, such as new JavaScript APIs in the HTML5 stable, and showing you an error message when they fail to detect it. Or they might start relying on features that the operating system's SSL stack doesn't support, such as Server Name Indication (SNI), which is required for name-based virtual hosting of multiple customers' SSL sites, and showing you a certificate error when your browser asks for "first certificate on this IP address" rather than "certificate for pineight.com". SNI is becoming increasingly important in the era of Firesheep and IPv4 address exhaustion, and Android didn't get support for it until Honeycomb (3.0) on tablets and Ice Cream Sandwich (4.0) on phones.

  43. Re:This is what trademarks are for by Bogtha · · Score: 1

    The travesty is that people will be buying products labelled "iPhone" under the belief that they are buying the Apple product

    Then they are stupid.

    Yes, what idiots they are for confusing a phone called "iPhone", with a full-size touch screen, rounded corners, a camera, and the ability to run apps... with a phone called "iPhone", with a full-size touch screen, rounded corners, a camera, and the ability to run apps.

    Just because they don't have in-depth knowledge of the smart phone market, it doesn't make them idiots.

    Does the US company deserve to

    As I have repeatedly pointed out again and again, my point is not about what either company deserves. It's about what consumers deserve. That's why trademarks exist - not to give companies benefits, but to protect consumers, to ensure that they can be confident enough to spend a lot of money on something and know that they will get the genuine article. Whether it's convenient or not, people purchasing something called an "iPhone" will be expecting the Apple product, and trademarks are there to make sure they get the product they are expecting.

    Yes, it's a mess - I said as much in my first comment. And yes, simply giving Apple the trademark is a bad solution as well. But the current solution completely undermines the purpose of trademarks in the first place. If the trademarks don't protect consumers in this way, there's no point in having them, that's their whole purpose.

    --
    Bogtha Bogtha Bogtha
  44. Re:This is what trademarks are for by steve_bryan · · Score: 1

    "There was not nefarious trademark squatting"

    That is exactly what is being alleged. If it were like the Cisco case where an actual product was developed and sold, then one can quite objectively expect Apple to address the issue and rectify the situation (i.e. pay up). In the Brazilian case, like the Chinese case, it appears to be a mugging of opportunity. They saw their opportunity for a payday and made the requisite minimal moves so a home court judge could put his compromised seal on the tawdry affair.

    "Yes, I can say exactly that. Look at it like this: A local company creates a successful product and a huge american company with massive lawyers come in and sell an inferior product under the same name. Does the US company deserve to peddle its inferior product to consumers pretending it is the locally produced quality product?"

    Successful product? Successful product? Are you blind? Apple's iPhone, whatever else could be said about it, is arguably the most successful product in the history of the world! (No, I don't own or intend to buy an Apple iPhone. I vastly prefer the iPod touch, especially in its most recent version). There is simply no way in the world that Apple intends "to peddle its inferior product" using the reputation of the local product.

    "Mit der Dummheit kämpfen Götter selbst vergebens."

  45. plural by Anonymous Coward · · Score: 1

    The plural of "real" is "reais", not "reals".

    Cya.

  46. Where is the iPhone nano by tuppe666 · · Score: 1

    Apple produces the previous generations of its existing product line, such as the iPhone 4 and 4S for Virgin Mobile, at the same time as the current generation for full-price carriers.

    Thats not a product line :), and all it is did was cannibalise the iphone5 sales in the *US* adding to Apples woes on the stock market. It clearly didn't help is sell more phones in Brazil or China...you know those massive markets experiencing all the smatphone growth right now; Where your expected to pay outright for a phones; where Android already is not just the leader its over 100X market share in Brazil...and last time I looked 21x in China. The iPhone is simply too cheap a product with too high a mark-up [A mark up so high *nobody* will buy one], to be successful in those markets. Apple had a chance, but it squandered it chasing profits, engaging in frivolous lawsuits, rather than cementing its [Mindshare at least] lead with a affordable range of products...and innovating, a new UI every so often wouldn't hurt.

  47. Elop should go to Jail... by tuppe666 · · Score: 1

    That chart is pretty interesting. Android is winning market share by stealing it from Symbian...No noticeable uptick in windows devices.

    Users do not want windows phone, and increasingly I'm finding little compelling about the current Nokia hardware. I used to say put Android on Nokia Hardware, but I'm not sure if Android will make a difference any more.

  48. Oil Republics by Runaway1956 · · Score: 1

    I don't know if bananas grow in the ME, or not. But, we ain't over there to steal bananas.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  49. How about if Gradiente just makes a better phone? by Brannon · · Score: 2

    Rather than trying to trick people into thinking that they are selling an Apple iPhone?

    Apple's success in cell phones wasn't because they were so good at naming them.

  50. Re:This is what trademarks are for by fredprado · · Score: 1

    The company did legally maintain the trademark. They were within the expiration period when they decided to use it, which is completely within their rights, as written in the law and as decided by the justice.

  51. Re:This is stupid. by rwise2112 · · Score: 1

    FYI, here's the original original

    --

    "For every expert, there is an equal and opposite expert"
  52. Re:This is what trademarks are for by terjeber · · Score: 1

    tawdry affair

    Yeah, right, someone registers a trademark long before Apple thinks about developing a product, and the other guy is tawdry? Seriously? To me you sound like a huge Apple apologist.

    Apple's iPhone, whatever else could be said about it, is arguably the most successful product in the history of the world

    Considering the iPhone has a fairly small, and shrinking market share, that appears to be wrong.

  53. Re:This is what trademarks are for by terjeber · · Score: 1

    It's about what consumers deserve. That's why trademarks exist

    Trademarks exists for both reasons. Since you're wrong on this part, which is the basis of your argument, your argument falls apart.

  54. Re:This is stupid. by RocketRabbit · · Score: 1

    If you look into the story of the Brazilian iPhone, you'll see that the original one was nothing more than an unlicensed knockoff of a Nokia, including a ripped-off Nokia ROM.

  55. Re:This is what trademarks are for by steve_bryan · · Score: 1

    You really haven't bothered to look at any numbers, have you? Apple makes more money based just on the iPhone than Microsoft does on everything. Soon it is projected to be more than Microsoft and Google combined. We can differ on what we consider a good or better product but successful is rather easily numerically determined and Apple's iPhone is a monster. You are entitled to your own opinions but you are not entitled to your own facts.

  56. Sosumi by Pseudonymus+Bosch · · Score: 1

    Will their next phone be called Iphone Sosumi?

    --
    __
    Men with no respect for life must never be allowed to control the ultimate instruments of death.
    GW Bu
  57. Re:This is what trademarks are for by terjeber · · Score: 1

    You really haven't bothered to look at any numbers, have you?

    Yes I have. Have you? Apple's market share is small, and it is selling, comparatively, fewer and fewer iPhones. Yes, they are still making money, but with the way Samsung is eating their market share, it is not going to last without some drastic changes at Apple. I have not stated any made up facts, if you didn't know that Samsung alone (not to speak of Android as such) is crushing Apple in market share, you've been living under a rock for the past 18 months.

    Does market share matter? Yes, even though current earnings is interesting, market share says something about your potential future earnings. If your market share is dropping, what it is saying about your future earnings is not nice.

  58. Re:This is stupid. by sFurbo · · Score: 1

    How is a potential copyright dispute with Nokia relevant to a trademark dispute with Apple 12 years later?

  59. Re:This is what trademarks are for by steve_bryan · · Score: 1

    This sort of disagreement is not one that can be settled by words. It will be settled by results which will take years to play out. The song you sing of Apple's doom has been sung many times for many decades. If one worships at the temple of market share, predictions are simple and often wrong. Please note how many Commodore computers are relevant today. On a day to day basis we see the drama of Dell and HP, marketshare champions, both dealing with 'interesting times'.

    But enough of prognostication. What I was objecting to strenuously was the absurdity of how you characterized that Apple was trying to sneak their failed product, the iPhone, into Brazil using the good name and technical excellence of the locally produced legitimate 'iPhone'. The absurdity of the statement is beyond redemption. It's just absurd.

  60. Re:This is what trademarks are for by terjeber · · Score: 1

    The song you sing of Apple's doom has been sung many times for many decades

    I wasn't singing that song. I was way back when, before Bill Gates stepped in and save Apple from going under.

  61. Re:This is stupid. by RocketRabbit · · Score: 1

    My point is that Brazil is the place where IP theft occurs. Not specifically anything regarding Apple or Nokia per se. They are also notorious for ripping off drug patents.

  62. Re:This is what trademarks are for by steve_bryan · · Score: 1

    Gosh, I didn't think I would have any more to add but this just begs. Bill Gates quite rationally propped up what he considered a harmless adversary to try to satisfy those who objected to his use of monopoly power to subvert the market elsewhere. But Apple was saved by Steve Jobs and built to make Microsoft relatively irrelevant to the future of computing. They (MS) still matter and probably 'always' will but this isn't the future Mr Gates had in mind when he made his very profitable investment in Apple (but they sold those shares many years ago).

  63. Re:This is what trademarks are for by terjeber · · Score: 1

    Steve Jobs and built to make Microsoft relatively irrelevant to the future of computing

    Well, then he failed quite spectacularly when he asked Microsoft to build the entire infrastructure for the iCloud (content striped on Amazon S3). Given the connected future Apple has helped usher, what runs the cloud is more critical than what runs the gadgets. As the iCloud feature set grows it will be harder and harder to switch Cloud provider, which makes MS more important than the gadget maker.

  64. As much as I am not thrilled with Apple by DanielBMS · · Score: 1

    It's great to see the balls Gradiente has to stand up to a controversial company, but I still think Apple deserves the right to the name iPhone. Hopefully this will only be a fluke.

  65. Re:This is what trademarks are for by steve_bryan · · Score: 1

    I don't know enough about the details of cloud computing infrastructure to have a strong opinion one way or the other but it seems like a dull but useful market with many competitors but not much potential for a meteoric success like an iPhone or iPad. If Microsoft proves unsatisfactory for some reason, then like in the case of Samsung, I would expect Apple to move to a competitor or start their own (cf Apple Store vs big box disasters like Best Buy). Regardless of the details you can rest assured that there will be an Apple for which you can predict decline and disaster.

  66. Re:This is what trademarks are for by terjeber · · Score: 1

    Lol. You really don't know business at all, do you? In the gadget market, customer loyalty is non-existent. Even Apple will discover this. Ericsson was once t he biggest player by a significant margin, then they lost to Nokia, then Nokia lost to Apple, and Apple will eventually lose to some other guys. That's the nature of the beast when you operate in a market with close to zero brand loyalty. Apple has loyalty within the Mac market, but that is not enough to keep them where they are now.

    What is the story on the other side, the Enterprise side (which is where Azure is). Brand loyalty is extreme. Moving large enterprise infrastructure from one provider to another is not only difficult, it is extremely expensive. At the moment the iCloud infrastructure is probably relatively small and would be easy enough to move to a competitor, but a few years down the line that will not be the case any more. It will be prohibitively costly to move, and Apple will probably be stuck with their supplier. This is why Enterprise is loyal. This is why a significant portion of critical business software is still written in COBOL.

    Why is enterprise loyalty this strong? Because, when I invest in an iPhone, it costs me a tiny fraction of a monthly salary. If my supplier goes under it doesn't matter to me, moving to a new one is cheap and easy. Enterprise invests millions and millions of dollars in a single application. They write them specially from ground up using some software as base. Enterprise has SAP or CICS or other solutions where hundreds of developers have worked for decades adding special one-off stuff. The idea of moving away from it strikes them perhaps as necessary, but it is an impossibility, most of them would not even begin to know what consequences it would have if they altered these business systems. Hence COBOL. That is why IBM is still one of the largest companies in the world.

    Enterprise brand loyalty is basically as close to absolute as you can come. Otherwise there would be no SAP and no IBM (and no COBOL code anywhere). Gadget brand loyalty is as close to non-existent as you can get. Go back a decade or three, look at who were the top players in consumer gadgetry, and figure out where they are now. Atari? Nintendo? Ericsson mobile phones? Commodore. Compare that to the biggest players in the Enterprise at the same time, IBM, HP, SAP. Sure, DEC is gone, but there are thousands of companies around today that specializes in maintaining old DEC gear and software. It is just a little over ten years ago since i helped change a faulty hard drive in a PDP-11 from the 1970s. I don't see many that specializes in fixing Ericsson mobile phones.