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+ - Apple Steals exclusive "iPhone" Trademark from Brazilian Firm-> 4

Submitted by bhagwad
bhagwad (1426855) writes "Brazil's IGB Electronica filed for the "iPhone" trademark way back in 2000 and it wanted to retain exclusive rights to the name. Apple didn't like this and filed a lawsuit. The Brazil's Institute of Industry Property (INPI) sided with IGB saying that Apple had no right to use the name "iPhone" since it was already taken. Apple appealed that. In a bizarre ruling today, the appeals court overturned the lower court's ruling saying "all the (Apple) product's renown and client following have been built on its performance and excellence as a product." So that's ok then. No exclusive trademark rights for someone who filed for it eight years before the iPhone was even a product. This begs the question though...why did Apple even take this to court? Shouldn't it just accept that someone else trademarked the name and move on?"
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Apple Steals exclusive "iPhone" Trademark from Brazilian Firm

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  • Why should a small company be rewarded for successfully predicting a name a large foreign company will use for its products? If these guys had come along before Apple did any of its iStuff, or if they had an iPhone on the market before Apple produced a phone I'd sing a different tune. These jokers figured they'd lean on Apple's reputation and steal a march on Apple by registering a name before Apple got around to doing it in their country. The court figured they got it wrong. Good for the court.

    • by bhagwad (1426855)

      The iPhone was envisioned in 2000? This trademark was filed eight years before it was introduced! Unless you're suggesting they were fortune tellers, they had no way of knowing what was going to come out.

      • by Spazmania (174582)

        The iMac was out in 1998 and iBook in 1999. iPhone wasn't the only trademark these jokers filed and they're not the only jokers that tried it. Lots of folks plopped "i" in front of hundreds of words that might plausibly become a become an Apple product and speculatively filed for trademarks on each of them with no immediate plans to make anything.

        • by bhagwad (1426855)

          It's ridiculous to imply that every product that starts with an "i" belonged to Apple merely because of a couple of products in 2000. The court has given both IGB and Apple equal rights to use "iPhone". If what you said was true, then it would have given Apple exclusive rights. That didn't happen.

          In fact, a court agreed with IGB. This is an appeal. And likely there will be yet another.

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