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Cisco Sues Apple for Trademark Infringement of iPhone Name

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Thursday, January 11th, 2007 | Related entries: Gadgets, Legal

Apple and Cisce Systems logo

On Wednesday, Networking leader Cisco announced that it has filed a lawsuit against Apple, Inc., looking to stop Apple from breaching and intentionally plagiarizing and using Cisco’s registered iPhone trademark. The lawsuit has been file in the United States District Court for the Northern District of California.

Cisco acquired the iPhone trademark in 2000 after completing the attainment of Infogear, which previously owned the mark and sold iPhone products for a number of years. Infogear’s original filing for the trademark dates to March 20, 1996. Linksys, a division of Cisco, has been shipping the latest range of iPhone products since early last year. On Dec. 18, Linksys increased the iPhone family further with additional products.

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

“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 maintained.

However there could be another angle to the story too.

The lawsuit could be an attempt to entangle Apple into a legal muddle because Cisco is set on developing a competing product, said Eve Griliches, program manager at Framingham, Mass.-based research firm IDC.

“Cisco is a very, very smart company, and anything they can do to slow Apple out of the gate might give them an advantage at the negotiating table,” Griliches said. “Chances are both companies knew this lawsuit was going to happen - the real question is, what’s really behind it?”

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.”

Through the lawsuit, Cisco intends to seek an injunctive relief to thwart Apple from copying Cisco’s iPhone trademark.

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