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Cox Padmore Skolnik & Shakarchy LLP remains ready to serve you during the COVID-19 pandemic. We are prepared to provide you with continuous legal service and uninterrupted communication. We are also monitoring the legal impact of COVID-19 and we are available to discuss any questions you may have regarding the CARES Act, insurance coverage issues, including business Interruption insurance, or other issues. Please see below for a list of our practice areas. You may contact us by the usual means of telephone and email, which is encouraged at this time. We will promptly respond. Video conferencing is also available. In all, our firm remains committed to assisting you throughout this evolving period of legal, business, and safety concerns.

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  4.  | Apple must address issues with iPhone trademark in Brazil

Apple must address issues with iPhone trademark in Brazil

| Feb 21, 2013 | Intellectual Property

There are many things that go into making a business successful. One of those things is consumers’ recognition of products in the marketplace. Proper branding, accompanied by copyright and trademark registrations, can make a product more marketable and protect the business. Because of these benefits, it is fairly clear why a business would want to do whatever it could to maintain a copyright or trademark.

Well known company Apple Inc., recently received bad news on this front. The company, which sells its products internationally, learned that it had lost tights to the iPhone trademark in Brazil. The news came from the copyright regulator in that country, Inpi. Apparently another maker of phones in that country had completed and filed a request for the term “iphone” in 2000, a total of seven years before the phone by that name was released by Apple to the masses.

The Brazilian business, Gradiente, became able to use the trademark eight years after the request was filed, in 2008. Gradiente must now prove that upon receiving permission to use the trademark, it did in fact do so. In Brazil, there is a time limit of five years to use the trademark. It appears that smartphones using the name began being sold in the country, in December 2012, just shy of the five year cutoff.

All is not lost for Apple at this point however. The company has options regarding how it will proceed. It is possible that the case could be litigated in a courtroom. Another option is that a settlement agreement could be reached with the Brazilian company.

Source: Reuters, “Apple challenges loss of iPhone trademark in Brazil,” Feb. 14, 2013

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