Apple sued over iPhone trademark

Stephen Withers
Thursday, 11 January 2007 08:29

IT Industry - Market

Cisco has filed a lawsuit seeking an injunction against Apple's use of the iPhone trademark.

Although Apple sought permission to use the trademark, a deal was not completed before the company announced its combination phone, media player and Internet access device earlier this week.

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

According to various media reports, the two companies were expected to finalise an agreement this week. It is possible that a deal will still be struck and that Cisco's legal action is little more than a formality that is essential to defend its trademark.

Although Cisco holds a US trademark for iPhone relating to "computer hardware and software for providing integrated telephone communication with computerized global information networks", the trademark is already held by Apple in other jurisdictions. For example, Apple has registered the trademark in Australia in the category covering computer software but not "in respect of Internet telephony and Internet telecommunications". It also has current applications covering electronic toys and games, and "Handheld and mobile digital electronic devices for the sending and receiving of telephone, calls, faxes, electronic mail, and other digital data" plus related software.

Furthermore, one Xiaofeng Wang of Adelaide, Australia, has applied to register the iPhone trademark in connection with "Telecommunications, mobile phone". That application was lodged on 1 December 2006, and has not yet been opposed.