Apple vs. Apple Gradient: The “iphone” brand trial will be restored

And we go to another setback for the dispute between an apple it’s in Gradient in justice. According to the materials of the site WHOMafter the return of the virtual plenary vote – and by 5 to 3 votes in favor of Mass -, the rapporteur for the case at the Federal Supreme Court (STF), Minister Days of Toffoliemphasized that the trial will end this Monday (23/10) — which means that all votes will be thrown out and the case will be resumed at a physical plenary session of the court.

It should be remembered that Toffoli gave a positive opinion to the Brazilian company in court regarding the use of the brand iphone in the country. He was accompanied by Gilmar Mendez, and recently by Minister Andre Mendonza. Luis Fuchs and Luis Roberto Barroso, in turn, disagreed with the rapporteur’s vote, a position followed by Alexander de Moraes, who demanded a review of the case in June.

Shortly afterwards, ministers Cristiano Zanin and Carmen Lucia also joined the dissent and voted for Maçã, indicating a clear trend towards the company winning the case. In a physical plenary meeting, ministers will have the opportunity to re-present or even change the votes they have already cast in the trial, which will have a return date set by Barroso, the current president of the STF.

If we take into account the votes already cast at the virtual plenary session, only Minister Núñez Márquez has not yet expressed his position on the case, as Judge Edson Fachin has declared himself a suspect for unknown reasons.

How restart in the physical plenary, there may be time for the future (and unknown) replacement of Minister Rosa Weber, who recently stepped down from the court to vote on the court. That detail may have even prompted Taffoli to bring the case forward, as it could be a tie depending on the votes of Núñez Márquez and (perhaps) the future minister.

By paralyzing and restarting voting, the primary will also give Gradiente more time to try to reverse the trend of defeats in the country’s last resort. The company, it should be remembered, recently hired former president Michel Temer to act as a lawyer in the case.

We continue to follow…

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