Member Since: Sep 04, 2006
Location: Bristol, UK
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01-11-2007, 05:51 AM
ZDnet sent me this news item today:
Following is the complaint filed by Cisco over Apple's use of the iPhone name:
14. Cisco Systems acquired the rights to the iPhone trademark in June 2000, as part ofits acquisition of InfoGear Technology Corporation. Cisco Systems assigned the iPhone mark to CTI, which licenses the iPhone mark to Cisco-Linksys LLC.
17. Fully aware that Cisco owned the rights to the iPhone mark, Apple first
approached Cisco in 2001 about the possibility of acquiring or licensing the rights to iPhone. Apple has continued making such requests to Cisco through the present, including several timesin 2006. Each time, Apple was told that Cisco was not interested in ceding the mark to Apple.
18. Apparently dissatisfied with Cisco’s refusal to allow Apple to use the mark
iPhone for products that would conflict directly with Cisco’s current use of the mark, Apple began a surreptitious effort to attempt to obtain rights to use the name “iPhone” in connectionwith the very products, telephones using cellular voice and data networks, for which it had asked Cisco for rights.
19. On September 26, 2006, an entity calling itself Ocean Telecom Services LLC
filed an Intent to Use (ITU) application for the mark iPhone pursuant to 35 U.S.C. § 1051(b). A copy of the application is attached as Exhibit C.
20. The Ocean Telecom application claimed a priority date of March 27, 2006, pursuant to 35 U.S.C. § 1126(d), based on the filing of application number 37090 in Trinidad and
21. On September 19, 2006, Apple filed an application to register the trademark iPhone in Australia. The IP Australia record reflecting this application is attached as Exhibit D.
22. Like the Ocean Telecom application, Apple’s Australian application claimed a
priority date of March 27, 2006, based on the filing of application number 37090 in Trinidad and Tobago.
23. The goods and services description in the Ocean Telecom ITU application is practically identical to the description found in Apple’s Australian application.
24. Upon information and belief, Ocean Telecom Services LLC is owned or
otherwise controlled by Apple and is the alter ego of Apple.
26. On January 9, 2007, Apple CEO Steve Jobs publicly announced, with greatfanfare, the introduction of a new Apple product named “iPhone.” The announcement was made
during the keynote speech of the Macworld Conference & Expo, an annual event to exhibit Apple products, which speech receives widespread international press. Apple’s “iPhone”combines MP3 and video playback capabilities with computer hardware and software forproviding integrated telephone communication via both cellular networks and computerized global information networks, an internet browser, camera, and personal digital assistant functions. Details regarding pricing, availability, and retail distribution partners included withthe product announcement demonstrate Apple’s use of Cisco’s mark in connection with the sale,offering for sale, distribution, or advertising of the Apple product.
27. Apple’s use of “iPhone” in its product promotion and advertising at Macworld
constitutes the use in commerce of a colorable imitation, copy and reproduction of Cisco’s iPhone mark. Upon information and belief, the two marks will share an identical sight and soundand a strong similarity of meaning. Apple’s use of “iPhone” for a cellular and internet phonedevice is deceptively and confusingly similar to Cisco’s long-standing trademark for an internet based telephony device.
28. Apple’s “iPhone” device will be distributed and sold in the same types of retail
channels and to the same classes of purchasers as Cisco’s iPhone family of products and services.
Want more? Apple v Cisco