Fight over the name 'iPhone': Dias Toffoli decides against Apple; understand the case 1

Fight over the name ‘iPhone’: Dias Toffoli decides against Apple; understand the case

Apple is arguably one of the best-known technology companies in the world, achieving a prominent position both globally and in Brazil.

Even with intense competition in the market from brands like Samsung and Xiaomi, the giant continues to stand out due to its wide acceptance and high-quality products.

However, many are unaware of the existence of a Brazilian company called Gradient iPhonewhich also develops mobile devices, but is not as popular.

However, the great similarity between the names ended up generating conflict.

Fight over the name 'iPhone': Dias Toffoli decides against Apple; understand the case 2
Photo: TecMundo/Reproduction

Apple wants exclusivity

When Apple decided to take legal action to ensure that the Gradiente iPhone company changed its name, it claimed that this could cause confusion among consumers and harm the brand’s popularity.

However, the Brazilian company’s response was based on the fact that its name was registered with the National Institute of Industrial Property (Inpi) in 2000, long before Apple entered the Brazilian market, which only happened in 2013.

Fight over the name 'iPhone': Dias Toffoli decides against Apple; understand the case 3Fight over the name 'iPhone': Dias Toffoli decides against Apple; understand the case 4
Photo: Digital Trends/Reproduction

In response to the actions, on June 2, the minister of the Federal Supreme Court (STF), Dias Toffoli, voted in favor of the Brazilian company.

However, the process is still ongoing and the final decision will be determined through a vote that will run until June 12. So far, there are no further details about the case.

Read an excerpt from Dias Toffoli’s statement after casting his vote:

“The National Institute of Industrial Property (INPI) or Gradiente, which filed the application in 2000, cannot be attributed any illegality due to the registration of the expression Gradiente iPhone as a trademark in Brazil.”

In short, it is worth remembering the importance of registering a company’s name, because, although Apple is very famous thanks to its products, it is possible that the Brazilian company’s name change will not happen due to its anticipation.

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