Is the iPhone from Apple or Gradiente in Brazil? The Court to resolve the dispute in June
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The Federal Supreme Court (STF) scheduled for June 2 the beginning of the trial of the trademark dispute between Gradiente and Apple. The trial will be held in the virtual plenary, and the ministers’ votes must be published by June 12. The process began in 2012 when Apple contested the use of the “iPhone” trademark by Gradiente.
This judgment in the Court originates from the appeal filed by the Brazilian entity. In other instances, Apple achieved favorable results. The rapporteur for the appeal is Minister Dias Toffoli. In December 2020, the minister determined that companies enter into an out-of-court agreement. Apple and Gradiente held 20 mediation hearings and failed to reach an agreement.
Gradiente even launched cell phones with the name IPhone
To not lose the right to the trademark, which was granted in 2008, Gradiente launched some cell phones with the iPhone trademark, using the capital “I”. Among the models sold were the Gradiente Iphone Neo One and the Iphone C600.
The first was an entry-level model, while the second… well, it had more competitive specs like a 13 MP camera (wow!) and a dual-core 1.4 GHz Snapdragon S4 — the Snapdragon 8 Gen 2 for Galaxy, released in February of this year, it hits 3.36 GHz.
Although Gradiente only won the right to use the iPhone brand in 2008, a year after Steve Jobs showed his iPhone to the world, the request from the Brazilian company came in 2000, when the Nokia 3310 dominated the market. At the time, Gradiente had plans to develop a cell phone with internet access — iPhone is a contraction of “internet phone”.
However, registration at the Brazilian Patent Office (BPTO) took a while to be granted. When the registration was granted, Gradiente was already in bad shape. Last week, the company emerged from bankruptcy. It hopes to win Big Tech to pay its shareholders and take it private.
Source: Terra