Apple had been engaged in a settlement case with Gradiente over the issue of its trademark rights to use the name “iPhone” for its products in Brazil. It has won the case although only on a partial basis.
It had been more than half a decade since the lawsuit had been dragging on. The main dispute was between Apple Incorporated and Gradiente, a Brazilian company that claimed the right to the term “iPhone” in Brazil. Apple of course contested the right to the name in the court of law.
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The court finally gave its verdict in favor of Apple, saying that its products had gained worldwide fame and that they were well-established. From now onwards Gradiente will have to share its trademark along with Apple. Gradiente had used the “i” from Internet and added a “phone” to it.
The judge, Eduardo de Brito Fernandes spoke of how turning down Apple’s plea would be unfair since its products were known for their excellence and high quality.
Gradiente meanwhile has decided to appeal the decision in a higher court. So the matter remains unresolved. It is a fact that Gradiente filed a patent for the term before Apple used the name “iPhone”. But it didn’t get a chance to use it until Apple was already a household name.
Thus began the tussle between the two in the Land through which the Amazon River ran. For now at least they will have to be content with sharing the name (much to the joy of Apple).
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