Cisco sues Apple for ‘iPhone’ trademark infringement

Cisco today announced that it has filed a lawsuit in the United States District Court for the Northern District of California against Apple, Inc., seeking to prevent Apple from infringing upon and deliberately copying and using Cisco’s registered iPhone trademark.

Cisco obtained the iPhone trademark in 2000 after completing the acquisition of Infogear, which previously owned the mark and sold iPhone products for several years. Infogear’s original filing for the trademark dates to March 20, 1996. Linksys, a division of Cisco, has been shipping a new family of iPhone products since early last year. On Dec. 18, Linksys expanded the iPhone family with additional products.

“Cisco entered into negotiations with Apple in good faith after Apple repeatedly asked permission to use Cisco’s iPhone name,” said Mark Chandler, senior vice president and general counsel, Cisco, in the press release. “There is no doubt that Apple’s new phone is very exciting, but they should not be using our trademark without our permission.

“Today’s iPhone is not tomorrow’s iPhone. The potential for convergence of the home phone, cell phone, work phone and PC is limitless, which is why it is so important for us to protect our brand,” Chandler concluded.

With its lawsuit, Cisco is seeking injunctive relief to prevent Apple from copying Cisco’s iPhone trademark.

MacDailyNews Note: Yesterday, Cisco issued official comments on the Apple iPhone announcement: “Given Apple’s numerous requests for permission to use Cisco’s iPhone trademark over the past several years and our extensive discussions with them recently, it is our belief that with their announcement today, Apple intends to agree to the final document and public statement that were distributed to them last night and that addressed a few remaining items. We expect to receive a signed agreement today.”
Either Apple doesn’t really to use the name “iPhone” upon release (it is much more than just a phone, after all) and they’re just using it for the built-in free publicity or this is just part of a tough negotiation process. It isn’t really much of a worry either way. Remember, Apple’s “iPhone” isn’t available for pre-order, much less being sold, yet. This naming issue will be worked out by June – probably much sooner.

Related articles:
The only thing really wrong with Apple’s iPhone is its name – January 09, 2007
Briefly: Apple changes corporate name; Cisco expects agreement on ‘iPhone’ trademark today – January 09, 2007
Apple debuts iPhone: touchscreen mobile phone + widescreen iPod + Internet communicator – January 09, 2007

133 Comments

  1. The new name is obvious: Apple Talk (or Talk). ” width=”19″ height=”19″ alt=”smile” style=”border:0;” />

    Or we could really go back and call it the AppleCAT (or CAT, from the legendary early BBS modem). Invent something for CAT to stand for, and ship it.

  2. We expect to receive a signed agreement today.”

    Sooo….. WTF is the issue? Why would you sue (and buy your lawyer another new Mercedes) if things are in “good faith” and expected to settle shortly?

    Maybe a form of pressuring Apple, just to make sure? Maybe Apple didn’t sign the agreement after all? Maybe it ended up being a big f-you from Jobs?

    Whatever Apple decides to call it, it’ll get attention.

  3. Have you all forgotten the name of the company? APPLE.
    The Beatles sued Apple for how many years… and what did Apple do? They just said “Er, okay, you can go ahead and sue us all you like, but we’re going to remain Apple Computer. AND we’re going to get into the music business whether you like it or not.”

    And they did, and in the end they won.

    I think Cisco was pretty transparent in marketing the name at this particular moment. We all know that it’s going to be called iPhone, ad Apple is going to do whatever they have to do to keep calling it thusly. However much they may have to pay in settlements will pale in comparison to what they’re going to make on it. They know this better than Cisco does, so they’ll win either way.

  4. perhaps  is now pronounced “a-i” as in Apple Incorporated…

    tv = ‘a-i tv’
    phone = ‘a-i phone’
    pod = ‘a-i pod’
    mac = ‘a-i mac’

    what do you know… the 4 new divisions…
    since no one is going to say “apple pod”…
    the  symbol becomes “i” by default

  5. But anyway does anyone else think it kinda cool that Apple is getting sued left right and center?

    Um, no.

    In this case, in an attempt to satisfy Wall Street and stupefy Microsoft, Apple has put itself directly in the sights of most of the telecom industry. Cisco included.

    It’s a given the big names will race 24/7 to beat the iPhone to launch. They’re not MS: they have their shit together, and they’re not going to be beaten at their own game.

    I hope the iPhone is a blockbuster. But we’d better enjoy the iPhone party while it’s good: the big kids want in too.

  6. This is so simple. There are two ways to go.

    1) Trademark the work iCisco and when Cisco objects, agree to exchange hostages. This would be the least expensive way to secure the iPhone name.

    2) Since the name iPhone is totally insufficient to accurately describe the device, Apple should just rename it something more meaningful. Hey, I know, since it is three things in one, and this one device does three things, why not call it iGod ? It makes sense since the iGod will reign down holy terror on all the other cellphone makers ” width=”19″ height=”19″ alt=”raspberry” style=”border:0;” />

  7. It’s Steve just being the Pirate of Silicon Valley once again.

    Cisco probably wanted billions for the name.

    Jobs says Fuck You.

    Heads towards a legal showdown (all that outlaw publicity for Apple).

    Cisco gets the ring jitters realising they could lose the name for nothing.

    Cisco caves in and sells to Apple for peanuts (and a Made For iPod licence thrown in!).

    Everyone happy again and Apple never out of the news.

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