Results 1 to 3 of 3
  1. #1

    RNDdave's Avatar
    Member Since
    Sep 04, 2006
    Location
    London, UK
    Posts
    1,063
    Specs:
    MacBook Air | iPad | iPhone | iPod Classic | iPod Shuffle | no more money
    Thumbs down Cisco v Apple Trademark Infringement, Unfair Competition Complaint
    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
    Tobago.

    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

  2. #2

    eric's Avatar
    Member Since
    Nov 04, 2006
    Location
    twin cities, mn, usa
    Posts
    8,708
    Please participate in our Member of the Month polls. Every vote counts! And remember to use the user reputation system!
    ["Dear Homer, I. O. U. one emergency donut. Signed, Homer." - Note by Homer Simpson]

  3. #3

    RNDdave's Avatar
    Member Since
    Sep 04, 2006
    Location
    London, UK
    Posts
    1,063
    Specs:
    MacBook Air | iPad | iPhone | iPod Classic | iPod Shuffle | no more money
    oops sorry

    note to self Use SEARCH!

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. ITC rules for Kodak in Apple patent infringement complaint
    By OneMoreThing... in forum Apple Rumors and Reports
    Replies: 0
    Last Post: 07-19-2011, 10:45 AM
  2. Apple revises and expands its trademark infringement case against Samsung
    By OneMoreThing... in forum Apple Rumors and Reports
    Replies: 0
    Last Post: 06-17-2011, 12:13 PM
  3. Cisco owns trademark for iPhone
    By nunee in forum iPhone Hardware and Accessories
    Replies: 13
    Last Post: 01-16-2007, 03:47 PM
  4. Cisco sues over iPhone trademark
    By dan828 in forum iPhone Hardware and Accessories
    Replies: 6
    Last Post: 01-11-2007, 01:25 PM
  5. TIBCO sues Apple over trademark infringement
    By Murlyn in forum Apple Rumors and Reports
    Replies: 0
    Last Post: 08-28-2003, 04:41 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •