HELP END A FAMILY DEBATE?

ok so we have verizon and when we first got them my brother and i both got LG Chocolate Touches because it was a buy one get one free. so after about a year or so i decided to get a smartphone. i bought a HTC Droid Eris off of ebay i was going to save my chocolate as a spare phone. the same week i bought the Droid Eris my brothers Chocolate broke due to his lack of care. two of the buttons stopped working, however you can bypass the buttons by using the screen. so the phone is still functional. so being a nice brother, i let my brother use my chocolate touch that was perfectly fine. so for the past few months i have been fine with the phone change, until the phone i bought off of ebay broke due to software problems(it constantly freezes and freaks out). so i asked my brother to have my chocolate back which the phone is perfectly fine, and he won't give it back saying that since i gave it to him it is his now. my argument is that i was planning on having my Chocolate touch as a backup incase the phone i got off of ebay broke. so now i need my back up back. i didnt have to give him the phone in the first place. my parents seem to lean his way in the argument because they believe that since i snooze i lose. they think i should just use the broken chocolate that was his that HE broke, which i find unfair because i didnt break it. please tell me what you think as this will help us solve the problem.