Apple loses iPhone trademark ruling

News Stacy Warden 13:46, Feb 13 2013

Apple does not have exclusive rights to the iPhone trademark in Brazil

Apple gets pretty protective over its trademark names, and in situations where other companies try to cash in on that ... well, it typically doesn't go over well. But this time, Apple has lost a ruling in Brazil over its iPhone trademark.

Local company Gradiente Electronica reportedly already registered the name back in 2000. But then it waited, and waited and waited even longer still before it finally used the name. It wasn't until Dec. 2012 when Gradiente finally began putting the name on its handsets. The Brazilian company also claims it has use of the iPhone name through 2018. 

A spokesperson for Apple refused to comment in the BBC's report, but the Institute of Industrial Property told the publication that it understood Apple was pursuing an appeal. From the report:

"The INPI added that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications. Apple can also continue to sell iPhone-branded handsets in what is Latin America's biggest market - however, Gradiente has an option of suing for exclusivity.

INPI added that Apple had argued that it should have been given full rights since Gradiente had not released a product using the iPhone name until December 2012."

Apple is no stranger to the courtroom and we'll likely be hearing about that appeal soon enough. We'll keep you posted as the case unravels further. In the meantime, let us know what you think. Is it fair for another company to cash in on the iPhone name? Do you think Apple has a shot with an appeal?

[BBC News]