Previously reported, Apple is currently entangled in a fascinating legal battle in Brazil concerning the “iPhone” trademark, where a local firm named Gradiente asserts that it patented the name long before Apple. The case is still pending a definitive ruling, and Gradiente maintains that it launched the first iPhone.
Apple Challenges the iPhone Trademark in Brazil
In an interview with the Brazilian publication Folha de S. Paulo (via MacMagazine), Gradiente’s CEO Eugênio Staub expressed his views on the ongoing dispute with Apple. He lamented the fact that even Brazil’s own citizens accuse Gradiente of exploiting the situation for financial gain, which he denies is the case.
“People see this situation and think, ‘Gradiente is a Brazilian company, it must be a scam, right?’” the CEO remarked.
He presented an outdated model known as the “Gradiente Iphone,” which was introduced in Brazil in 2000—seven years prior to Apple’s iPhone release. Additionally, he showcased some promotional materials from that era. “We sold 30,000 [units] in just a few months,” Staub stated.
Nevertheless, due to a conflict with another Brazilian company, the “Iphone” trademark was officially awarded to Gradiente in 2008, a year after the launch of the first iPhone by Steve Jobs. At that time, Gradiente was no longer in the phone market, but they returned in 2012 with an Android smartphone named the “Gradiente Iphone.”
Not unexpectedly, Apple has requested that Brazilian regulators invalidate Gradiente’s trademark, which resulted in Gradiente losing its exclusive rights to the “Iphone” trademark in Brazil in 2013. Since then, both companies have been engaged in a legal struggle, awaiting a final ruling from the Supreme Court. Nevertheless, Gradiente’s CEO insists he harbors no animosity toward Apple’s iPhone.
“He [Steve Jobs] released an extraordinary product. He’s a genius of our time and of many generations. However, that doesn’t negate the fact that we launched a comparable product earlier with the same name,” argues Gradiente’s CEO. “The nation [Brazil] often fails to acknowledge its own innovations,” he adds.
The date for the final trial has yet to be disclosed.
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