Apple has suffered another setback in its ongoing legal battle over the “iPhone” trademark in Brazil. The Superior Court of Justice (STJ) ruled unanimously in favor of Brazilian electronics company Gradiente, upholding the annulment of a prior ruling that had invalidated Gradiente’s trademark registration of “G Gradiente Iphone.”
This decision marks a significant moment in a dispute that has stretched over a decade. Gradiente originally launched a product called “Gradiente iPhone” in 2000, seven years before Apple released its first iPhone. Though the trademark was officially registered in 2008 due to administrative delays, Gradiente’s early claim remains central to the case.
STJ Backs Gradiente’s Claim
According to O Globo, the STJ’s Third Panel voted 5–0 to restore Gradiente’s rights to the trademark, overturning a ruling from the Federal Regional Court of the 2nd Region (TRF-2) that had declared the registration expired. Apple had successfully pushed for that ruling’s annulment in October last year, but the STJ has now reversed that move.
The dispute remains active in Brazil’s Supreme Federal Court (STF), but this latest decision boosts Gradiente’s position. Despite Gradiente exiting the mobile market for a period, it returned in 2012 with an Android device bearing the “iPhone” name, reigniting the conflict.
Gradiente Defends Its Legacy
Gradiente’s chairman, Eugênio Staub, has repeatedly defended the company’s position. In interviews, he’s pushed back against public opinion that portrays Gradiente as opportunistic. He points to evidence of the 2000 product launch and early marketing materials as proof of original ownership and innovation.
“Steve Jobs created a brilliant product, no doubt,” Staub told Folha de S. Paulo. “But that doesn’t erase the fact that we launched a phone with the same name before Apple did.”
Despite not producing phones for several years, Gradiente believes this week’s court decision strengthens its standing in the final phase of the legal process.