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STJ defines that “iPhone” brand is not exclusive to Gradiente in Brazil

After a long and rigorous winter in which everyone forgot about the case and thought that he had died in the middle of paperwork from the Brazilian judiciary, here he comes back to us as a slightly surreal mirage, I mean, obviously, dispute of the Apple with the Gradient for brand rights "IPhone" in Brazil.

IPhone Gradient

After recapping the steps of the soap opera a few days ago, when the Superior Court of Justice (STJ) decided to resurrect the imbroglio, now it seems that things are turning their final contours: as informed by G1, the agency won Apple's suit in the lawsuit filed by Ma, defining that Gradiente does not have exclusive brand rights in our beloved republic.

The 4 STJ class took the decision by four votes to one in today's session (Thursday, 9/20), when defining that Apple can use the brand in Brazil without indemnifying the Brazilian company. Gradiente applied for the registration of the ?G Gradiente iphone? trademark (in their case, an abbreviation for ?Internet Phone?) l in the 2000s, but the license was only issued in 2008 exactly when Ma's iPhone arrived in Brazil .

In other words, Gradiente remains in possession of the trademark, but the word ?iPhone? cannot be considered the property of the company and can be used freely by Apple. This is the consideration of the TRF of the 2nd region, which maintained the sentence:

Allowing the company r (Gradiente) to use the expression IPHONE in a free way, without reservations, would represent immense damage to the Author (Apple), since all the fame and clientele of the product resulted from its level of competence and degree of excellence. The spraying of the brand, at this moment, would be a punishment for those who developed and worked for the success of the product.

Gradiente can still appeal the decision, but has not yet informed whether to take these measures. Apple, for its part, did not comment.

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