The Brazilian Supreme Court will have the final word on whether or not Apple can use the “iPhone” trademark in the country.
Brazilian company IGB Electronica originally registered the “iPhone” name in 2000, but wasn’t granted the trademark until 2008. The company began to sell a lineup of IPHONE-branded Android smartphones in 2012.
During a short period of time, the Brazilian company was awarded exclusive rights to the iPhone trademark, but that ruling was overturned and Apple and IGB were both given the right to use the name in the country.
A decision in 2018 upheld the 2013 ruling that gave both companies the right to use the trademark. Now, the case has been brought to the Supreme Federal Court in Brazil.
IGB appealed the 2018 decision in May. IGB is likely hoping for a payoff from Apple to end the dispute, as the Brazilian firm has been in judicial recovery since 2018 and has so far lost close to 1 billion Brazilian Reals.
“Allowing a company to claim a trademark submitted in good faith by another one punishes creativity, distorts free competition, and runs over Brazilian intellectual property authorities,” said IGB attorney Igor Mauler Santiago in the request.
It could take several years to get a final ruling from the Brazilian Supreme Federal Court.