It's been a tough month for Apple where Brazil is concerned. Last week, the company lost its trademark on its ubiquitous iPhone in the country so it can't sell one of its biggest products under the name it's known for. Now comes word that the Brazilian Institute of Politics and Law Software (IBDI) has sued Apple over the release of its fourth-generation iPad.
The newest iPad was made available in Brazil on Dec. 2, 2012, only seven months after the third-generation version, dubbed "the new iPad," was released in that country. It was the first time ever that Apple had introduced a new version of the iPad in the same year as a previous release, with many complaining that the only major differences between the two models were an upgraded processor and Apple's new Lightning connector.
As a result, the IBDI is claiming that Apple is conducting "unfair business practices," according to local news source O Hoje.
Saying that Apple rolled out the "new iPad" with a sense of "planned obsolescence," the Institute has asked a Brazilian federal court to compensate everyone who bought the third-generation iPad by replacing each unit with the fourth-generation version, as well as reimburse consumers for up to 50% of the cost of the product. Additionally, the IBDI would like Apple to pay a fine for "improper commercial practices, misleading advertising and product offering" that could amount to 30% of the average cost of every iPad sold in Brazil.
The Institute's lawyer, Sergio Palomares, told O Hoje that Apple set a precedent when former CEO Steve Jobs announced that any American who'd purchased a "new iPad" within 30 days of the release of the fourth-generation model could swap their unit for an updated version for free.