The Gradiente saga to sue Apple for the use of the iPhone brand in Brazil, gained a new chapter in 2020. After losing the dispute to the North American company, in 2018, IGB Eletrônica (ex-Gradiente) filed, at the beginning this year, an extraordinary appeal to try to reverse the judicial decision – and, now, it has the approval of the Supreme Federal Court (STF) to continue with the process.
According to the founder of the Gradiente Group, Eugênio Staub, the decision of the president of the STF, Minister Dias Toffoli, demonstrates an understanding of Justice on “the relevance of the matter for our sovereignty and for the protection of intellectual property in Brazil”.
Since the announcement of the resumption of the process, last Friday (07), IGB Eletrônica’s shares have increased on the São Paulo stock exchange. It is worth mentioning that the company is in bankruptcy, and an agreement with Apple – like what happens with companies in countries like Mexico, Canada and even the United States – would come in handy.
Despite the approval of the extraordinary appeal, it is possible that the case will take years to be heard.
A longstanding fight
At the beginning of 2000, Gradiente applied for the registration of the “G Gradiente iphone” trademark at the National Institute of Industrial Property (INPI) – seven years before the launch of the first Apple iPhone. However, registration was granted only in 2008.
The clashes between Apple and IGB Eletrônica started in 2013, when the American company tried to invalidate Gradiente’s registration. In 2018, it was IGB Eletrônica’s turn to try to reverse the loss of exclusivity of the iPhone brand – however, the group was unsuccessful.