After a unanimous decision in a federal court, Apple has suffered yet another legal setback in Brazil, this time over the rights to the “iPhone” trademark.
A bit of background
Longtime 9to5Mac readers may remember that Brazilian electronics company IGB Eletrônica (formerly Gradiente) has been fighting Apple for more than a decade over the right to use the “iPhone” name in the country.
Gradiente filed for the “G Gradiente Iphone” trademark in 2000 and was granted registration in 2008. By that point, Apple had obviously already launched its iPhone globally.
When Apple tried to register the “iPhone” trademark in Brazil, the application was denied due to Gradiente’s earlier claim. Apple sued, since Gradiente still hadn’t actually released a phone under that name.
So, Gradiente released a phone under that name.
Over the years, the two companies have traded legal wins and losses in a battle that now involves multiple lawsuits and even Brazil’s Supreme Court. And while Gradiente has been trying to argue for shared rights to the name, Apple has insisted on exclusivity.
Today, Apple’s road got a little tougher
As reported by O Globo (via MacMagazine), a federal court ruled in favor of Gradiente in a unanimous decision (5–0), annulling a previous decision that had stripped the company of its rights to the “G Gradiente Iphone” trademark due to non-use.
For now, Apple still holds exclusive rights to use the “iPhone” name for its own products in Brazil, but this ruling could complicate that position if it is upheld by higher courts.
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