Brazil’s Supreme Court has ruled in favor of Apple in a long-running dispute over exclusive use of the iPhone trademark in the country, local media report.
For those unfamiliar with the case, Brazil’s highest court accepted a constitutional complaint in 2020 by ISB Electronica, an electronics company that registered the iPhone trademark in Brazil in 2000.
Under the name Gradiente, IGB Electronica produced a line of IPHONE-branded Android smartphones in Brazil in 2012, and there was a period when the Brazilian company secured exclusive rights to the iPhone brand.
The appeal resulted in a trademark battle that saw Apple and IGB Electronica win the right to use the name in the country, but that didn’t stop legal battles between the two, with each company trying to get exclusive trademark rights.
A 2018 decision upheld a 2013 decision that allowed both brands to use the mark, but IGB Electronica later reignited the dispute in an effort to have the 2018 decision overturned by Brazil’s Supreme Federal Court.
In the latest development in the case, Brazilian Attorney General Augusto Aras gave his assent to Apple’s position last Friday. Aras said that even though IGB Electronica applied for registration of the iPhone trademark several years before the launch of Apple’s smartphone, the “iPhone” trademark has since become a globally recognized name and therefore plays an important role in the global market. electronics.
For this reason, Aras said that use of the iPhone trademark should not be subject to the traditional question of who registered the name first, but rather that the “occurring context and relevant factual changes” should be taken. into account before a decision is made.
According Tilt (Going through MacMagazine), the attorney general’s opinion has now been delivered to Brazil’s Supreme Court, which will hear the case and issue a decision, although no hearing date has been set.