ABOUT federal court (stf) scheduled start a court decision that will determine the right to use a trademark”iphone“in Brazil for June 2. For more than ten years the company Gradient This apple are involved in a legal dispute over the title.

The action will be analyzed in a virtual plenary where the Ministers of the Court will vote without discussing the issue. Voting will be open for ten days.

The dispute between Gradiente and Apple began more than a decade before it went to court. In 2000, Gradiente filed a trademark application for the Gradiente iPhone with the National Institute of Industrial Property (INPI). However, the process was only completed in 2008.

At that time, in 2007, Apple released the first iPhone in the US. The following year, the devices began to be sold in Brazil.

Based on this timeline, Apple was able to revoke Gradiente’s registration with INPI. It was at this point that the dispute reached the judiciary. So far, in both cases where litigation has been considered, Apple has emerged victorious.

Process reached STF in 2020

The case will now be decided by the Supreme Court. Minister Diaz Toffoli is the rapporteur of the process and in 2020 invited companies to try to reach an out of court settlement. In this sense, there were 20 meetings, but there was no mutual understanding between the parties.

If this time the result is favorable for Gradiente, Brazilian manufacturer will receive a commission for every iPhone sold by Apple. However, if the outcome is unfavorable for Gradiente, the trademark rights will remain with the American company.

The dispute between the two companies gained notoriety due to the importance of the “iPhone” brand in the smartphone market. The Apple device has become an icon of technology and is widely recognized around the world. Thus, the outcome of this judgment will have serious consequences for both companies.

The decision of the STF will be decisive in determining who has the exclusive right to use the brand in Brazil. If Gradiente wins, it will be entitled to a commission on every iPhone sold by Apple in Brazil, marking a significant achievement for the national manufacturer.

However, if the decision is in favor of Apple, the American company will continue to enjoy the rights to the iPhone brand in the country, maintaining a dominant position in the market. This would mean a setback for Gradiente, which has been fighting for its INPI registration for more than a decade.

Those involved and the business sector as a whole are eagerly awaiting the decision of the Federal Supreme Court. The ministerial decision will have a significant impact not only on Gradiente and Apple, but also on other companies dealing with intellectual property issues.

Now it remains to wait for this important decision, which will determine the fate of the iPhone brand in Brazil. On June 2, we will receive a final answer as to who will be eligible to use this iconic brand in the Brazilian mobile market.

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Source: CNN

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