As previously covered, Apple is embroiled in a fascinating legal conflict in Brazil concerning the “iPhone” trademark. A local firm, Gradiente, asserts it secured the name long before Apple did. While the case is still pending a conclusive ruling, Gradiente maintains that it was the pioneer behind the first iPhone.
Apple Challenges the iPhone Trademark in Brazil
In a conversation with the Brazilian publication Folha de S. Paulo (as referenced by MacMagazine), Gradiente’s CEO, Eugênio Staub, expressed his thoughts regarding the ongoing dispute with Apple. Staub lamented how even fellow Brazilians have accused Gradiente of trying to exploit the circumstance for financial gain from Apple, a suggestion he vehemently denies.
“People see this situation and think, ‘Gradiente is a Brazilian company, so it must be a scam, right?’” remarked the executive.
Staub showcased a vintage model named the “Gradiente Iphone,” which debuted in Brazil in 2000—seven years prior to Apple’s version. He also presented promotional materials used at the time. “We sold 30,000 [units] within just a few months,” Staub stated.
However, because of a conflict between Gradiente and another Brazilian business, the “Iphone” trademark was only officially allotted to Gradiente in 2008, just after Steve Jobs unveiled the original iPhone. At that point, Gradiente had ceased phone production, but in 2012, the Brazilian company announced an Android smartphone called the “Gradiente Iphone.”
It’s no surprise that Apple has requested Brazilian regulators to annul Gradiente’s trademark, which resulted in Gradiente losing exclusive rights to the “Iphone” trademark in Brazil in 2013. Since then, both companies have been locked in legal battles, still awaiting a decision from the Supreme Court. Nonetheless, Gradiente’s CEO asserts that he harbors no resentment towards Apple’s iPhone.
“He [Steve Jobs] launched an incredible product. He is a genius of our time and of many times. However, that does not diminish the fact that we introduced a similar product first with the same name,” Gradiente’s CEO contends. “The country [Brazil] often overlooks its own innovations,” he adds.
A date for the final court session has yet to be disclosed.
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