A legal battle in Brazil is intensifying as Brazilian company Gradiente asserts its claim to the “iPhone” trademark. The company argues that it registered the name years before Apple’s famous smartphone was launched. This ongoing dispute challenges Apple’s ownership of the iconic name and remains unresolved as the case awaits a final judgment.
Gradiente, a phone manufacturer based in Brazil, insists that it was the first to market with the “iPhone” name. CEO Eugênio Staub recently shared his frustration with public perception, particularly in Brazil, where many view the company’s claim as opportunistic. In an interview with Folha de S. Paulo, Staub defended his company’s position, stating that Gradiente had no intention of exploiting Apple’s success. He pointed out that despite being a Brazilian company, Gradiente’s claim is legitimate.
“People look at this story and say ‘Gradiente is a Brazilian company, so it must be a scam, right?'” Staub said. He emphasized that the company truly believes it was the original creator of the iPhone brand.
Gradiente has presented evidence to support its claim. In 2000, seven years before Apple launched its iPhone, the company released a product named the “Gradiente iPhone.” Staub provided promotional materials from that time, showing the product and its branding, to back up their assertion. He also revealed that Gradiente sold 30,000 units within a few months of the launch.
However, the trademark dispute has been complicated. Despite releasing the “Gradiente iPhone” in 2000, a trademark conflict with another Brazilian company delayed Gradiente’s official ownership of the name. This delay meant that Gradiente did not gain the trademark until 2008, a year after Apple’s iPhone debuted globally.
Although Gradiente had stopped producing phones by that time, the company returned to the market in 2012 with an Android phone also called “Gradiente iPhone.” This prompted a fresh wave of legal challenges from Apple, leading to a long-running dispute. In 2013, a Brazilian court ruled that Gradiente lost its exclusive rights to the “iPhone” trademark. However, the case is still pending a final judgment from the country’s Supreme Court.
Staub made it clear that his dispute with Apple was not personal. He expressed admiration for Steve Jobs and Apple’s innovation. “Steve Jobs launched a sensational product. He’s a genius of our generation and of several generations,” Staub acknowledged. “But that doesn’t take away from the fact that we launched a similar product before with the same name. The country [Brazil] doesn’t recognize many of its own innovations.”
As the legal battle continues, there is still no set date for a final resolution. Gradiente remains steadfast in its belief that it was the first to use the “iPhone” trademark, but only time will tell whether the courts will agree.
