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Cisco sues Apple over iPhone name

steve_jobs_iphone.jpgI suppose you could say this is number 16, but it’s really no surprise. Cisco Systems is suing Apple Inc. in federal court for trademark infringement over the naming of Apple’s new “iPhone”, Cisco announced in a press release Wednesday. Cisco has held the trademark on the name “iPhone” since 2000. According to this CNN report, the company is seeking an injunction preventing Apple from using the “iPhone” name.

Some are speculating that Cisco obtained the trademark amid the flurry of rumors of a forthcoming Apple iPhone in order to muscle some money out of Apple. After all, most folks have been discussing a possible “iPhone” from Apple for years and most, including the media, had already dubbed it the “iPhone” knowing that Apple likes to use the “i” designation on many of its products. And indeed, Steve Jobs has been trying to “buy” it from Cisco for some time.

Anyway, amid speculation that Apple would announce an iPhone during Tuesday’s keynote address at Macworld, Cisco announced another VoIP telephone devise three weeks ago and dubbed it “iPhone.” And since Apple didn’t accept Cisco’s offer to sell the name before Tuesday’s announcement, Cisco is seeking an injunction barring Apple from using it.

Apple believes Cisco’s trademark is “tenuous at best”, that Cisco’s product and Apple’s are sufficiently different (VoIP v. cell phone) to negate trademark protection against Apple’s use. Cisco argues they might decide down the line to produce a cell phone. (Not likely, but they clearly want to show similarity.) Without knowing how the “product” was described in Cisco’s trademark application, I can’t say either way. However, it’s likely that the trademark application would have been denied had it been overly broad, i.e. “any phone-like thingy or service.” So we’ll just have to see how it all works out.

Cisco, of course, has a bundle of cash on hand so they can certainly afford to pursue the matter although I can’t imagine why they would care to. Jobs, I suspect, would pay a reasonable amount in order to avoid protracted litigation so, if Cisco is reasonable, they still might strike a deal. Meanwhile, I guess the game is afoot. 

Posted on Jan 12, 2007 at 07:17PM by Registered CommenterDoug in , | CommentsPost a Comment

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