Brazil's Prosecutor General Sides With Apple in Long-Running 'iPhone' Trademark Dispute

The Brazilian Supreme Court has issued a favorable opinion to Apple in a long-running dispute over the exclusive use of the iPhone brand in the country, local media reports.

gradiente iphone white
For those unfamiliar with the case, Brazil's highest court accepted a constitutional appeal 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 of time where the Brazilian company was given exclusive rights to the ‌‌iPhone‌‌ trademark.

The appeal resulted in a trademark battle that saw both Apple and IGB Electronica given the rights to use the name in the country, but that didn't prevent back and forth judicial fighting between the two, with each company attempting to gain exclusive rights to the trademark.

A 2018 decision upheld a 2013 ruling that gave both brands permission to use the trademark, but then IGB Electronica revived the dispute in an attempt to get the 2018 decision reversed by Brazil's Supreme Federal Court.

In the latest development in the case, Brazilian Prosecutor General Augusto Aras last Friday gave his assent to Apple's position. Aras said that even though IGB Electronica applied to register the ‌iPhone‌ trademark several years before Apple's smartphone was launched, the "‌iPhone‌" brand has since become a globally recognized name, and therefore plays an important role in the world electronics market.

For this reason, Aras said the use of the ‌iPhone‌ brand should not be subject to the traditional question of who registered the name first, but instead the "supervening context and relevant factual changes" should be considered before a decision is made.

According to Tilt (via MacMagazine), the Prosecutor General's opinion has now been delivered to the Brazilian Supreme Court, which will hear the case and come to a decision, although a date for the hearing has not been scheduled.

Popular Stories

iphone 17 models

No iPhone 18 Launch This Year, Reports Suggest

Thursday January 1, 2026 8:43 am PST by
Apple is not expected to release a standard iPhone 18 model this year, according to a growing number of reports that suggest the company is planning a significant change to its long-standing annual iPhone launch cycle. Despite the immense success of the iPhone 17 in 2025, the iPhone 18 is not expected to arrive until the spring of 2027, leaving the iPhone 17 in the lineup as the latest...
duolingo ad live activity

Duolingo Used iPhone's Dynamic Island to Display Ads, Violating Apple Design Guidelines

Friday January 2, 2026 1:36 pm PST by
Language learning app Duolingo has apparently been using the iPhone's Live Activity feature to display ads on the Lock Screen and the Dynamic Island, which violates Apple's design guidelines. According to multiple reports on Reddit, the Duolingo app has been displaying an ad for a "Super offer," which is Duolingo's paid subscription option. Apple's guidelines for Live Activity state that...
Clicks Communicator Feature

'Clicks Communicator' Unveiled — Will You Carry This With Your iPhone?

Friday January 2, 2026 6:35 am PST by
The company behind the BlackBerry-like Clicks Keyboard accessory for the iPhone today unveiled a new Android 16 smartphone called the Clicks Communicator. The purpose-built device is designed to be used as a second phone alongside your iPhone, with the intended focus being communication over content consumption. It runs a custom Android launcher that offers a curated selection of messaging...
Low Cost MacBook Feature A18 Pro

Low-Price 12.9-Inch MacBook With A18 Pro Chip Reportedly Launching Early This Year

Friday January 2, 2026 9:08 am PST by
Apple plans to introduce a 12.9-inch MacBook in spring 2026, according to TrendForce. In a press release this week, the Taiwanese research firm said this MacBook will be aimed at the entry-level to mid-range market, with "competitive pricing." TrendForce did not share any further details about this MacBook, but the information that it shared lines up with several rumors about a more...
Apple Fitness Plus hero

Apple Announces New Fitness+ Workout Programs, Strava Challenge, and More

Friday January 2, 2026 6:43 am PST by
Apple today announced a number of updates to Apple Fitness+ and activity with the Apple Watch. The key announcements include: New Year limited-edition award: Users can win the award by closing all three Activity Rings for seven days in a row in January. "Quit Quitting" Strava challenge: Available in Strava throughout January, users who log 12 workouts anytime in the month will win an ...
Low Cost A18 Pro MacBook Feature Pink

Apple's 2026 Low-Cost A18 Pro MacBook: What We Know So Far

Friday January 2, 2026 4:33 pm PST by
Apple is planning to release a low-cost MacBook in 2026, which will apparently compete with more affordable Chromebooks and Windows PCs. Apple's most affordable Mac right now is the $999 MacBook Air, and the upcoming low-cost MacBook is expected to be cheaper. Here's what we know about the low-cost MacBook so far. Size Rumors suggest the low-cost MacBook will have a display that's around 13 ...
Mac Pro Feature Blue

What's Happening With the Mac Pro?

Wednesday December 31, 2025 9:59 am PST by
Apple hasn't updated the Mac Pro since 2023, and according to recent rumors, there's no update coming in the near future. In fact, Apple might be finished with the Mac Pro. Bloomberg recently said that the Mac Pro is "on the back burner" and has been "largely written off" by Apple. Apple apparently views the more compact Mac Studio as the ideal high-end pro-level desktop, and it has almost...

Top Rated Comments

Robert.Walter Avatar
45 months ago
Although I would like to see apple have exclusive use of the iPhone name, this decision is quite bizarre.

I’m not a trademark attorney but I’ve never heard of somebody losing their intellectual property (here ™) because some other player became more successful using that name both later and elsewhere.

This decision doesn’t really uphold the point of registering a trademark if it can later can be reversed on such convenient and spongy grounds.
Score: 20 Votes (Like | Disagree)
ProfessionalFan Avatar
45 months ago

Although I would like to see apple have exclusive use of the iPhone name, this decision is quite bizarre.

I’m not a trademark attorney but I’ve never heard of somebody losing their intellectual property (here ™) because some other player became more successful using that name both later and elsewhere.

This decision doesn’t really uphold the point of registering a trademark if it can later can be reversed on such convenient and spongy grounds.
I agree that this seems unusual.

However, I think a big point here was that they didn't use the trademark until years after the iPhone was released. Which could make some see this as them trying to capitalize off the success of Apple's iPhone. Had they used it prior to the iPhone release, I wonder if this would've ended differently. Even though they registered it in 2000, they didn't actually have a product with the name until 2012.

I'm not a lawyer either though.
Score: 14 Votes (Like | Disagree)
Edsel Avatar
45 months ago
Mother Nature is still awaiting a decision on "apple v. Apple, Inc"
Score: 8 Votes (Like | Disagree)
ph001bi Avatar
45 months ago
Finally a logical decision by a court. It's amazing that it took 12 years and having to go to the Supreme Court in order to obtain this result.
Score: 8 Votes (Like | Disagree)
darngooddesign Avatar
45 months ago
Had they been making and selling "Iphones" before Apple released its "iPhone" then the decision likely would have been different.
Score: 6 Votes (Like | Disagree)
Kaikidan Avatar
45 months ago

I agree that this seems unusual.

However, I think a big point here was that they didn't use the trademark until years after the iPhone was released. Which could make some see this as them trying to capitalize off the success of Apple's iPhone. Had they used it prior to the iPhone release, I wonder if this would've ended differently. Even though they registered it in 2000, they didn't actually have a product with the name until 2012.

I'm not a lawyer either though.
Since the indrotuction of the iMac it become common practice for copyright trolls and other brands to patent i[Devicename] as it's a pretty low hanging fruit in name terms, just slaps i in front of every possible name before anyone else and sue apple if they use "your" trademark in a new product or try to sell the rights to the name, that's basically what gradient did, they are not even in the market anymore for ages (last time I remember purchasing something from them was the N64, they got the rights to import nintendo products here for a time after nintendo ended the deal with playtronic who sold the SNES here), probably become a mutilaser like company who buy cheap whitelabel crap from aliexpress and resell there with their brand for 8x the cost. that's why apple stoped using i on the name of newer products, it's way harder for someone to launch a product named apple watch or apple tv than iWatch or iTv.
Score: 4 Votes (Like | Disagree)