The Brazilian federal court has ruled in favor of Gradiente in the trademark dispute with Apple over the “iPhone” brand. This decision is a significant setback for Apple and, if upheld by higher courts, could lead to the company losing exclusive rights to the “iPhone” brand in Brazil.
Gradiente, officially known as IGB Eletrônica, is a Brazil-based technology company primarily engaged in manufacturing electronic products. Gradiente registered the name “G Gradiente Iphone” back in 2000, seven years before Apple launched its first iPhone model in 2007. Although the company did not produce products under this name for many years, during the court proceedings, Gradiente started manufacturing devices under the “G Gradiente Iphone” brand to protect its rights.
Apple claimed exclusive ownership of the brand and argued that Gradiente’s products were not actually available on the market. However, the court prioritized Gradiente’s earlier registration rights. According to Brazilian law, priority is given to the first entity to register a trademark, meaning Apple’s later use of the name does not override the original owner’s rights.
This legal battle highlights the importance of trademark protection in Brazil and the challenges local companies face when competing with global giants. Gradiente’s mission is to safeguard its market presence and brand rights, while also establishing itself as a recognized local manufacturer among Brazilian consumers. The ruling sets a precedent for brand rights protection in the country.
Currently, Gradiente is seeking joint usage rights for the trademark. If the court’s decision is confirmed, Apple will no longer be able to claim exclusive use of the “iPhone” name in Brazil. This development could reshape the market dynamics and legal status for both Apple and Gradiente in the region.
