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Justice Dias Toffoli forwards case about the exclusivity of the trademark “iphone” to the Supreme Court’s Conciliation and Mediation Center.

The Justice of the Supreme Court Dias Toffoli sent the Interlocutory Appeal filed by IGB Eletrônica, owner of the Gradiente trademark, against a decision issued by him, to the Court’s Conciliation and Mediation Center. According to Dias Toffoli, the decision aims the consensual resolution of the dispute, considering that the case involves non-public patrimonial rights.

The lawsuit, initially filed by Apple against IGB Eletrônica in 2013, refers to the alleged lack of exclusivity of the term “iphone”, which is part of the trademark “Gradiente Iphone”, owned by the defendant. According to the lower courts, the Brazilian PTO should include a disclaimer that the word “iphone” alone would not be exclusive of anyone due to the connection made by consumers between this expression and Apple.

 According to IGB Eletrônica, the lower courts’ arguments “completely subverts the Brazilian intellectual property system, replacing the principle of first to file with that of successful exploitation”.

Before sending the interlocutory appeal to mediation, Justice Dias Toffoli had dismissed the extraordinary appeal filed by IGB to the Supreme Court, because the analysis of the case would require a review of the facts and evidence, as well as an analysis of non-constitutional legislation.

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