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Brazilians Can Now Buy an "iPhone" Loaded With Android

Posted by samzenpus on from the a-phone-by-any-other-name dept.

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."

8 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 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?

  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.

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  3. 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.

  4. 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.

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  5. 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%

  6. 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.