Forbes reports that Apple and Brazilian company IGB have
agreed to end their lawsuit over the iPhone trademark in Brazil, and are close
to reaching a settlement agreement.
According to
Brazil’s largest daily, Folha de São Paulo, both companies have agreed to end
the lawsuit over iPhone and come to some sort of “pacific agreement,” the paper
reported on Saturday. Apple has paid millions for its exclusive use of the word
iPhone in the past and will likely pay IGB as well.
IGB had applied
for the "iPhone" trademarke in Brazil in 2000, years before Apple's
phone was launched, and was granted the trademark in 2008.
Apple challenged
the trademark on the basis that IGB had failed to use the trademark until it
was close to expiration, but the Brazilian Industrial Property Institute ruled
in IGB's favor after it launched a low-cost Android smartphone using the iPhone brand late last
year. Apple took the matter to court, but has now withdrawn the legal action
after IGB suggested that it was open to selling the trademark.
Apple's current
use of the "iPhone" name in Brazil is not currently being hampered while the dispute plays out, with
the company being allowed to continue selling the iPhone under its popular name
and Apple retaining control over the iPhone name for other categories of use
such as software.
Apple is
expected to make a cash settlement for exclusive rights over the name in
Brazil. It previously settled a dispute over the iPad trademark in China for $60 million, but there is no word
yet on a settlement amount for the Brazilian case.
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