The fight between Apple and Gradiente for the rights of the “Iphone” brand since the beginning of the 2010’s should heat up. The companies withdrew from a conciliation and returned the process to the Supreme Court (STF) as of this week. Both are now waiting for the process to unfold, at the highest court level, which has everything to extend over the next few months.
Information released by UOL this Friday, 11, since February Apple and Gradiente participated in a mediation process conducted by the retired STF minister, Ellen Gracie. But these deals are older. The attempt to reach a solution began after Minister Dias Toffoli, rapporteur of the case in the STF, in November 2020 referred the case to the Court’s Conciliation and Mediation Center.
Since then, there have been more than 20 remote meetings, via videoconference, between Apple and IGB Eletrônica, current owner of the Gradiente brand, in recent months. “Despite all the good faith efforts made to reach convergence, at the last session, held on May 28, the parties were unable to reach a common term for the formulation of an agreement, so they decided to end the mediation”, he reported Gracie in the opinion.
Now, the fight between the two technology companies awaits two possible paths, both in the hands of Dias Toffoli, who has returned to be the rapporteur of the process. On the one hand, the minister can ask for more information, take it to the STF plenary so that more ministers can vote and decide the outcome. Or, he can make a decision himself and put an end to this mess that has been dragging on for more than a decade.
Apple and Gradient dispute
Despite the fight in court having started in early 2010, the situation is earlier. After all, Gradiente says it registered the brand “Iphone” (with a capital “i”, unlike Apple) in 2000. It was basically a device with the ability to make calls and surf the internet, the grandfather of the smartphone. However, the company claims that, due to an error by the National Institute of Industrial Property (INPI), the patent only came out on January 2, 2008.
Meanwhile, Apple sold its first iPhone on January 9, 2007 in the United States. Meanwhile, in Brazil, it only arrived in September 2008 — after Gradiente had already obtained a patent for the brand “Iphone.