RSSCisco Sues Apple Over 'iPhone' Trademark Use
By Sharon Fisher | Published January 10, 2007, 6:28 PM
Cisco had said yesterday that it had been in negotiations with Apple to license the iPhone name, which it was using in connection with its Linksys Internet phone, after repeated requests by Apple, and that with the announcement of the iPhone, they expected Apple to agree to its conditions and sign the agreement that day.
Apparently they didn't.
Apple was quoted by several sources yesterday as saying that since the Apple iPhone was a cell phone, and the Linksys iPhone was an Internet phone, that they didn't see it as being a trademark infringement.
Cisco apparently feels differently. Today it filed suit in the United States District Court for the Northern District of California against Apple, seeking to prevent Apple from infringing upon and deliberately copying and using Cisco's registered iPhone trademark. Cisco said it is seeking injunctive relief to prevent Apple from copying Cisco's iPhone trademark, which means that the company is asking the court to make Apple stop using the trademark before the suit goes to trial.
Cisco said it "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 disagreed with Apple's contention that the two phones were different, noting that "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."
Now, anybody who believes this is actually going to make it to court, please poke a stick in your right eye. This is all part of the dance that corporations do all the time. Apple asked for the name, Cisco asked for big bucks, Apple is trying to avoid the issue, and now Cisco is upping the ante, but if Apple goes ahead and signs the agreement, everything will be copacetic. If I were Apple, I wouldn't count on the fact that even in Silicon Valley an intellectual property judge would make a distinction between the two devices.
I doubt Cisco will relent, so I'm betting it'll go one of two ways: Apple will settle with Cisco out of court under non-disclosed terms, or Apple will rebrand it as the "Apple Phone" which is what a lot of people expected in the first place. They renamed iTV to Apple TV, so why not?
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|One final article in the NY
times today:
http://www.nytimes.com/2...igi.html?ref=technology
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|My right eye hurts...and now my stick is broken.
Thanks a lot...
...jerk.
Thanks, Sharon. Needed that.
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|Apple is, at least in this case here, unlikely to be the victor. It's a phone--Internet, network, or cell, what does it matter?
"Now, anybody who believes this is actually going to make it to court, please poke a stick in your right eye. This is all part of the dance that corporations do all the time. Apple asked for the name, Cisco asked for big bucks, Apple is trying to avoid the issue, and now Cisco is upping the ante, but if Apple goes ahead and signs the agreement, everything will be copacetic. If I were Apple, I wouldn't count on the fact that even in Silicon Valley an intellectual property judge would make a distinction between the two devices."
Blunt way of putting it, Sharon, but correct nonetheless. Also nice to see a new name in the author field--even if you worked for betanews a long time, I don't recall seeing your name before :)
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|Glad you liked it, and thanks for noticing. Yes, I am indeed new; helping BetaNews out covering CES from the comfort of my living room. God, I love technology.
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|But when did that product first come out? My understanding is that it came out a month or go or so. The thing is, according to trademark law, if you don't use the trademark in something public within a period of 3 years of having received it, then it's considered to have been abandoned. The trademark itself was registered way more than 3 years ago.
Presumably this means one would have to reapply for the mark but this time around the PTO could argue that the name was "too similar" to other Apple products, thereby causing confusion in the market, a reason to DENY a trademark.
--->Maybe, but I think Linksys should fight this one... they actually have a product on the market.... they've also had the name for over 10 years.
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|lol apple's argument is dumb. I wonder if they put an accent Í will that work? or A for apple, aPhone ftw. lol
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|I was considering a Mac for my next computer. No longer. Apple sucks. First their stock scandal, now this. They are acting like dictators.
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|Cisco should sue Apple for making their iPhone look fugly too! lol.
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|I knew this was going to happen!
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|"People fear what they don't understand, they hate what they can't conquer..." It's man theory that we sue everytime we can make money. I guess the bluetooth technology will be the next to get sued....
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|Does anyone not remember that Apple was suing - or threatening everyone and their mother for using the word "POD" in their names?
So things like PodCast, WinPodder, etc were going to be in deep doo-doo because of it?
I think Apple finally got their heads out of their butts, but come on. They're probably the same folks that put hot coffee in the laps and got burned and tried to sue McDonalds over their own stupidity.
Apple knew of the iPhone products, they figured they could get away with it.
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|Not to mentkion, that Apple itself has a history of disrespecting trademarks... hence why they were sued by Apple Music... AFTER they settled with Apple Music and agreed not to ever get into the music distribution business.
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|Cisco most likely wants a good percentage of the expected profit margins up front. That would be smart on their part, costly to Apple.
The suite does raise an interesting question that might pull in Apples favor. Cisco "is" ready to hand off the name to Apple, and from what I've read on other sites, their just waiting for Steve to sign the check. But could the Judge rule in Apples favor because Cisco "could" be trying a sly brand of extortion?
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|Not really, Apple could have called it anything else.
Extortion is usually when there was no other option for a company.
Though you could have a bit of a point.
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|In fact, others have trademarked everything starting with the letter "i." ifone, icell, icall for example, are also trademarked. I can't believe everyone is gushing over a $500 device (plus a minimum 2-year, lock-in contract). It's a fat, zune-sized iPod crossed with a Nokia 770 crossed with an LG and 5-hour battery life. Personally, touchscreen interfaces are historically bad ideas; they look good, but never work as well. Add to that the fact that Apple does not support their hardware at all. So when this thing melts like an iPod, you're welcome to send it to the "service center" and wait two months for its return — all out-of-pocket cost to yours truly.
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|We have to wait until the actual device is released and see whats up.
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|How about iCandy?
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|*laughs*
touchscreen interfaces are historically bad ideas; they look good, but never work as well
If you haven't actually used this device, commenting on it's quality is just bad form. The display is one of the things they have stated they've made massive improvements on. All of the reviews (ya know...from folks who've actually handled one?) have been amazing.
Add to that the fact that Apple does not support their hardware at all.
I can take my Powermac in to *any* Apple store. They will fix it for me right there, on site, for free. If they don't have the parts, it takes 3 days, at most.
Yeah, if you buy a Mac with no warranty, you're screwed, but then again, anyone paying a grand or more for an electronic device and skipping the extended warranty deserves what they get.
A friend of mine (with a warranty) brought their iPod in last week. The thing would only play certain songs. They replaced it on the spot. Took 5 minutes. I've never liked the iPod, but that shocked me. I am seriously considering buying one now.
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|"I can take my Powermac in to *any* Apple store."
And if you don't live near one?
They're making the silly amount of profit from the sale, they should come to you.
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|You don't live near one...
I'd be amazed, frankly, if that were true. They're damn near everywhere. On the outside possibility that you speak the truth, there are doubtless several mom&pop shops that have a certified Apple technician nearby that will also be able to honor the AppleCare warranty.
If you cannot locate one, please post your zip and I'll find you the closest one.
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|Here's the thing. Apple owns the iPhone name everywhere except the United States. So unless they come to an agreement the phone can be called an iPhone except here. Products have different names for the same thing in different countries all the time. I bet a deal will be reached long before the phone hits the shelves in June.
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|Correct, but Cisco have it in the US, they are suing, and they will win in the US.
So what will it be called there?
The iCell? iMobile would be misconstrued in the US.
When will bets open on it?
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|you could call it the Ish** since it's not much to talk about and of course you'll have the usual breakdowns.
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|I doubt this lawsuit will be heard. There will be a settlement before it gets that far.
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|lol... I don't know why, but that name made me laugh really hard.
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|Maybe, but I think Linksys should fight this one... they actually have a product on the market.... they've also had the name for over 10 years. Also since I assume the i in iPhone stands for internet, the Linksys product actually lives up to its name... being a VOIP enabled device.
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|It's called a mild psychotic break. Don't worry, take it easy for a few days and you'll be alright. :p
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|The Apple Phone. Just like they're calling iTV Apple TV now.
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|Wince? I have to admit your name made me laugh.
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|Actually PC, I have to correct you again on the proper use of mental health language. It's not a psychotic break. Maybe one day you'll take one of my courses. I'm at I.U. I teach Abnormal Psych and Early 20th century poetry.
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|Wow.
I don't think I've ever seen two subjects that have ever fit together quite so well. Kinda go hand in hand, eh?
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|Please tell me you've heard the joke that spawned that name right?
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|nope PC. I somewhat new to reading these postings. But his name did make me laugh in a good way. Creative.
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|Actually they do. A lot of undergrads major in both Psych and English. Once you get to the Grad point, it's harder. Fiction can oftentimes tell more about the human condition than Psych. But then Fiction didn't gives us some good drugs to use but made good use of the drugs.
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|A lot of psych are great works of fiction and Freud used Morphine like there was no tomorrow. A great road trip would have been Hunter Thompson and Freud going across country trying to use their Iphone.
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|Microsoft has combined three of it's most powerful Operating Systems to create it's next generation Operating System.
Windows CE
Windows ME
Windows NT
Windows Cement. Hard as a rock, dumb as a brick.
Now, wincement's alias does not fit exactly, though...he's not quite as dumb as a brick. :p
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|Leave it to Jobs arrogance to think that he could steel a tradmark name and get away with it. At least, Gates knows he might get caught. here's a link that gets somewhat in Jobs head:
http://www.msnbc.msn.com/id/10789855/
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|Dude, that link is from June 10th 2006. Check your calendar, it's 2007 according to the rest of the world.
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|Because a 7 month old article is so out of date with current affairs.
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|True Fickle but it gives insight to the way Jobs and Apple think. That is always relevant and, btw, I do own an Apple notebook. I just don't like people that try to come off one way and are really just an A**. Doesn't mean I don't like the notebook. Just means I can't stand the man or company.
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|ptksr? read above. Past writings can tell us a lot about a person or a company.
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|...and help us gauge their ability to infer sarcasm.
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|Actually Grazer infer is a verb and, in the sentence you use it, it doesn't work. Infer means to conclude based on evidence. For example, I infer, from your post, that you had very little English in school.
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|Without further explanation on your part, I could infer from your post, that a person cannot refer to another's ability to run in the same manner as I inferred your ability to infer sarcasm. (Aw, crap, now I typed the word too many times and it is starting to look like gibberish.) ...I, could, also, infer, that, you like commas, way too,,,much. :)
Yeah, English was never my strong suit, I usually only scored above the 93rd percentile mark (or top 7%)...and on message boards I usually worry more about getting my point across than grammatic and and syntactic correctness (I save that for programming).
We all would've been better off if I has used 'detect' instead on 'infer'...probably.
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|93%.. now there's a good joke. So you're a programmeer? Big deal. Just like me teaching Psych and English is a big deal (insert sarcasm). If you want to get your point across than state it more clearly and not try to act more intelligent than you are.
Programming is like English, you have to be exact or it won't work but then you would know that if you were a programmer.
So you seem to want to measure D***s or in this case Scores. What was your GRE score. Mine was 1474. You do know what a GRE is don't you or did you get your training off a matchbook?
As far as commas are concern, once you get above english 101, you find great differences on the subject,
This is the netherworld of the internet. You can say whayever you like about me.:) I won't be offended. Real people count in my world not here in the netherworld.
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|Settle down, boys. DOn't make me turn this forum around.
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|awww..Come on(Half naked cheerleders on the sideline yelling): TURN THIS FORUM AROUND(high Kick-one's isn't wearing panties),TURN THIS FORUM AROUND (side-split and one is winking at ya!) Go PC Go
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|And as if by magic, that 2% stock rise at the phone's announcement disappeared!
It'll be the i****edup in America.
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|Hey Steve,
It's a PHONE - doesn't matter whether it's a cell phone or an internet phone. You're infringing!!!
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|You mean I can't build a motorcycle and call it a Ram or Trailblazer?
/sarcasm
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|Lets hope the word "iphone" is a sticker hehehe LOL...
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|heheheh ooops.. Steve you cant do to Cisco what you did to Xerox (cough GUI)
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|Exactly!!!!
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|What is that? Pay them 1 million dollars to share design information. Steve NEVER STOLE the Gui from Xerox, Xerox Accepted 1 million to let them in to gather Ideas for his product.
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|granted its not the know-all say all but wikipedia doesn't agree with your statement.
http://en.wikipedia.org/wiki/Xerox
The Apple Macintosh was released in 1984, and was the first personal computer to popularize the GUI and mouse amongst the public, released with the 1984 Super Bowl commercial. In the late 1980s, Xerox sued Apple over their use of the graphical user interface. The Xerox case was dismissed because the three year statute of limitations had passed -- Xerox had waited too long to file a suit...
so basically had xerox filed sooner who knows what would have happened...but yes steve DID STEAL IT...
Jobs and Gates are not as different as people seem to believe..the only major difference I see is Gates contributes millions upon millions of dollars to various organizations and Jobs complains had Microsoft made a better OS the little issue with Ipods carrying a virus would have been moot
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|Dito. Jobs is a weasel.
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|Apple is obviously not playing with a full deck with this iphone.
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|Looks like Stevo jumped the gun.
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|