Whose iPhone is it? STF decides on trademark rights in Brazil

The right to use the mark iphone in Brazil begins to be decided this Friday (2) by the Federal Supreme Court (stf).

The brand is in legal dispute between apple (AAPL34) and the Gradient since 2012.

This process has already been judged in other instances, but the Supreme Court of the judiciary opens a virtual plenary today. Ministers will have until June 12 to vote on the issue.

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remember the conflict

The dispute over the smartphone brand began in March 2000, when Gradiente filed a request with the Inpi (National Institute of Industrial Property) to register the brand “Gradiente Iphone”.

But the registration was only accepted on January 2, 2008, which the Brazilian company alleges was an error by the Inpi.

Meanwhile, the first iPhone was launched by Apple in the United States on January 9, 2007, and the company’s first smartphone to be sold in Brazil happened on September 26, 2008.

In the early 2010s, Apple filed a request for the nullity of Gradiente’s registration with the Inpi and was successful.

However, Gradiente filed an appeal against this decision. The American company won the process in other instances, but now the process goes through the Supreme Court.

If the appeal is successful, Apple may be required to pay Gradiente at least a percentage of all iPhones already sold in Brazil.

In the last month, the Electronic IGB (IGBR3), out of the blue Gradientannounced the closure of its judicial recovery. IGB Eletrônica shares skyrocket 250% in 2023.