A class action lawsuit was filed against Apple over the introduction of iPad 4 in Brazil. Institute of Politics and Law Software (IBDI) allegedly accused Apple of deviating from its usual yearly product update cycle amounts to “planned obsolescence” that harms the customers who bought previous generation devices. The lawsuit also alleges that Apple did not adequately communicate the discontinuation of the third-generation iPad in favor of the new fourth-generation models in the country, with consumers unknowingly buying the “obsolete” third-generation models.
“The institute claims that the iPad 4 is not an effective technological evolution [compared to] the iPad 3 or ‘New iPad’, characterizing a sort of “planned obsolescence”. In practice, the accusation is that the Apple iPad 3 could have reached the shelves with the characteristics presented in the fourth generation – a processor, a connector and a camera a bit more advanced.”The lawsuit is seeking free replacements for customers who purchased the third-generation iPad, as well as reimbursement of 50% of the purchase price. Apple said that they were unaware of a lawsuit filed against them which was filed in a federal civil court on February 6.
Apple also faces a struggle over rights on the iPhone brand in the country. Apple lost the trademark after a court found in favor of Gradiente Electronica, a company that first registered the iPhone trademark in 2000. Gradiente Electronica had applied for the trademark in 2000 and was granted the rights to it 2008. It has indicated that it is open to selling the mark to Apple, although is able to continue selling the iPhone under its current name while additional appeals and negotiations play out.