After a unanimous decision in federal court, Apple has suffered another legal setback in Brazil, this time over iPhone trademark rights.
A little bit of background
Longtime 9to5Mac readers may remember that Brazilian electronics company IGB Eletrônica (formerly Gradiente) has been competing with Apple for more than a decade over the right to use the “iPhone” name in the country.
Gradiente applied for the trademark “G Gradiente Iphone” in 2000 and was granted registration in 2008. By that point, Apple had clearly already launched its iPhone globally.
When Apple attempted to register the “iPhone” trademark in Brazil, the application was rejected due to Gradiente’s prior claim. Apple sued, since Gradiente had not actually released a phone under that name.
Therefore, Gradiente released a phone with this name.
Over the years, the two companies have traded legal wins and losses in a battle that now includes multiple lawsuits and even Brazil’s Supreme Court. While Gradiente was trying to defend common rights to the name, Apple insisted on exclusivity.
Today, Apple’s path is a little more difficult
As reported Oh Globo (via Mac Magazine), a federal court ruled in favor of Gradiente in a unanimous decision (5-0), overturning an earlier decision that had stripped the company of its rights to the “G Gradiente Iphone” trademark due to non-use.
Currently, Apple still has exclusive rights to use the “iPhone” name for its own products in Brazil, but this ruling could further complicate that situation if upheld by higher courts.
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