iPhone from Apple or Gradiente? Toffoli suspends trial at STF – Politics – CartaCapital

Minister Díaz Toffoli of the Federal Supreme Court interrupted this Monday the 23rd a court in which the court already had a majority to determine that the Brazilian company Gradiente does not have the right to use the iPhone brand, which would be a victory for Apple.

However, in the final hours of the trial in a virtual plenary session, Taffoli, the speaker of the trial, asked for an emphasis. As a result, the analysis will have to be restarted in an in-person plenary session to be determined by STF President Luis Roberto Barroso.

The case arose in 2013, when Apple filed a request with the National Institute of Industrial Property to block the registration of the Gradiente brand.

In the lawsuit, the North American company wants the Brazilian company to be able to use only the Gradiente iPhone name and not the brand name of the world-famous device. After several defeats in lower courts, Gradiente appealed to the STF.

Gradiente filed for registration in 2000, and the first device, called the iPhone, was released in 2012, five years after Apple introduced its product.

Toffoli voted to reform the TRF-2 decision invalidating the registration of the Gradiente name. He was followed by Gilmore Mendez and Andre Mendonza.

Louis Fuchs, however, discovered the discrepancy. According to him, “by punishing the agent who effectively designed and worked for the success of the product, a perverse web of incentives is created that will harm the future quality of the products offered to the end consumer.”

Alexander de Moraes, Cristiano Zanin and Luis Roberto Barroso also differed from Taffoli, in their own way – the latter, followed by Carmen Lucia. Edson Fachin declared himself a suspect and will not appear in court.

Since the court does not yet have 11 members, due to the vacancy left by Rosa Weber’s retirement, five votes already constitute a majority, as nine ministers can vote in the process.

The resumption of the trial does not yet have a date.

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