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Cisco Lost Rights to iPhone Trademark Last Year?

An anonymous reader writes "An investigation into the ongoing trademark dispute between Cisco and Apple over the name "iPhone" appears to show that Cisco does not own the mark as claimed in their recent lawsuit. This is based on publicly available information from the US Patent and Trademark office, as well as public reviews of Cisco products over the past year. The trademark was apparently abandoned in late 2005/early 2006 because Cisco was not using it."

162 comments

  1. Old News by Anonymous Coward · · Score: 5, Funny

    iKnow that

    --Steve

    1. Re:Old News by MeanderingMind · · Score: 5, Interesting
      RTFA, a front company for Apple is next in line.

      If Apple can prove in federal court that the Declaration of Use contained misstatements of fact, i.e. that there was no continuous use, then Cisco's registration can be canceled. This could clear the way for the next company in line for the iPhone trademark, Ocean Telecom Services LLC (widely regarded as a front company for Apple). It could also explain why Apple decided not to sign the agreement Cisco proposed.
      --
      Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
  2. umm by dave420 · · Score: 1

    oops!

  3. I guess that goes to show... by zarthrag · · Score: 0

    ...that trigger-happy lawyers should check their facts before they jump onto something. This is likely why apple was 'too busy' to talk to them. If they started using the trademark asap, then this would come along and make it go away without so much as a press release/quote on apple's part.

    I love happy endings.

    --
    Why can't all fpga/microcontroller manufacturers just release free optimizing compilers???
    1. Re:I guess that goes to show... by nomadic · · Score: 1

      It hasn't ended yet. The "experts" listed in the blog aren't the ones making the ultimate legal decisions.

    2. Re:I guess that goes to show... by Anonymous Coward · · Score: 2, Insightful

      Lawyers are hired guns, but they are not the gunmen, their clients are. When someone walks into a lawyer's office with a complaint (or brings one to the lawyers on staff, if it's a big company), they will look to see if there is ANY amount of legal merit and, if so, begin to work on the case. Their job isn't to filter cases by how ridiculous they are, it's to filter cases without any legal merit. If you were Cisco, wouldn't you at least TRY to save your trademark? I think so.

    3. Re:I guess that goes to show... by mjeppsen · · Score: 1

      Shouldn't that be "iLove happy endings"?

  4. simple solution by gEvil+(beta) · · Score: 5, Funny

    Cisco should just rebrand their iPhone product line and call them Apple Phones.

    --
    This guy's the limit!
    1. Re:simple solution by Megane · · Score: 4, Funny

      I like "Cisc-o-Fone" myself. It's got a retro sound to it. "Disco Stu! Loves his Cisc-o-Fone!"

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    2. Re:simple solution by TomHandy · · Score: 3, Funny

      I have a hard time believing that he would ever make an obvious promotional statement like that. Don't you know that Disco Stu doesn't advertise?

    3. Re:simple solution by Dunbal · · Score: 0

      "Disco Stu! Loves his Cisc-o-Fone!"

            OMG, thanks for the flashback, you bastard. Retro is ok and all, but THE SEVENTIES MUST NOT BE ALLOWED TO HAPPEN AGAIN!

      --
      Seven puppies were harmed during the making of this post.
    4. Re:simple solution by Anonymous Coward · · Score: 0

      Apple Phones?

      Pfft. Banana Phones.

    5. Re:simple solution by First+Person · · Score: 1

      THE SEVENTIES MUST NOT BE ALLOWED TO HAPPEN AGAIN!

      I'm afraid that you're pretty much doomed unless you take the cyanide-coated exit. Only 63 more years to go.

      --
      Given one hour to live, the student replied: "I'd spend it with professor FP who can make an hour seem like a lifetime."
    6. Re:simple solution by Arwing · · Score: 1

      I am sorry, the word Cisco has been ruined since that no talent hack rapper came out using the same (sounding) name

    7. Re:simple solution by DoctorPepper · · Score: 1

      OMG, thanks for the flashback, you bastard. Retro is ok and all, but THE SEVENTIES MUST NOT BE ALLOWED TO HAPPEN AGAIN!

      To paraphrase: "Those who remember the seventies... mostly lie about their age."

      --

      No matter where you go... there you are.
    8. Re:simple solution by Anonymous Coward · · Score: 0
      OMG, thanks for the flashback, you bastard. Retro is ok and all, but THE SEVENTIES MUST NOT BE ALLOWED TO HAPPEN AGAIN!
      You mean like everything today being targeted toward rap, street speak, hip-hop, gangsta and extremely loud thumps that can be heard from 2 miles away (a.k.a. "music")? Imagine being in the '70s and Disco is used everywhere. That's how I've been feeling for the last 5 years.

      STOP USING THE FUCKING "STREET/GANGSTA" STYLE - THAT'S NOT FOR EVERYONE! DUMBASSES!
    9. Re:simple solution by roseblood · · Score: 1

      "I like "Cisc-o-Fone" myself. It's got a retro sound to it. "Disco Stu! Loves his Cisc-o-Fone!""

      On that Eureka show on sci-fi they are all Cisco phones!

      --
      There are lies, damned lies, and statistics.
  5. Those Little Details by blueZhift · · Score: 4, Insightful

    Hmmm, this reminds me of those stories that come up from time to time about some big corporation forgetting to renew their domain names. If the outcome of the trademark dispute comes down to this, it will argue strongly for paying attention to the little details. In any case, you can bet corporate lawyers all over the U.S. are going to be checking their trademark papers this weekend!

    1. Re:Those Little Details by Skater · · Score: 5, Interesting

      Or, better yet, of Universal's lawsuits over the game "Donkey Kong" when it first came out - I saw someone mention it on /. the other day. If you're not familiar with the story, it's a pretty good read. Briefly, Universal sued on the grounds that Donkey Kong was a rip off of King Kong, and lost in part because they'd argued in another recent case that King Kong was a public domain character.

    2. Re:Those Little Details by kripkenstein · · Score: 5, Insightful

      Hmmm, this reminds me of those stories that come up from time to time about some big corporation forgetting to renew their domain names. If the outcome of the trademark dispute comes down to this, it will argue strongly for paying attention to the little details.

      Not at all. If TFA is right, this has nothing to do with 'little details'. The big details are that Cisco had no product called 'iPhone' for years, and recently just stuck a sticker on a picture of an existing product, rebranding it 'iPhone', when renewing the trademark, when no such branding existed in the real world.

    3. Re:Those Little Details by Anonymous Coward · · Score: 0

      It doesn't matter if Cisco had a working product or not. What matters if they were using the iPhone trademark, that is, they were using it in their ads, promotions, documentation, communications, web site and so forth.

      It also does not matter if the trademark was registered with the USPTO.

      As long as Cisco can prove that they were using the trademark, the Fruit company will lose that law suit.

    4. Re:Those Little Details by Rob+the+Bold · · Score: 4, Interesting
      Not at all. If TFA is right, this has nothing to do with 'little details'. The big details are that Cisco had no product called 'iPhone' for years, and recently just stuck a sticker on a picture of an existing product, rebranding it 'iPhone', when renewing the trademark, when no such branding existed in the real world.

      I believe that you and TFA are right, Cisco has not used the trademark in marketing their VOIP web/phone system. I'm looking at the box from one (ca. 2002) right now, and it is branded "Cisco IP Phone". Nowhere in the box, on the product or in the manual was it referred to as an "iPhone", "IPhone", "I Phone" or "I-Phone".

      For that matter, I've seen the instruments placed on TV shows (e.g. "West Wing") and never seen any "iPhone" branding you would expect for a product placement on TV. Looks like they registered it and blew it off.

      --
      I am not a crackpot.
    5. Re:Those Little Details by nine-times · · Score: 5, Interesting

      Indeed, it appears less as though Cisco accidently let a valuable trademark lapse, and more like Cisco is attempting to hold onto a trademark they've never used and have no intention of using, for the sole purpose of using it as leverage against Apple. No one has any brand association with the name "iPhone" to any product other than the Apple iPhone anyway.

    6. Re:Those Little Details by Anonymous Coward · · Score: 0

      If it was not in wide use (and this was not), then the law is going to look to whether the sudden use of the mark less than 1 month ago after 5 years of disuse qualifies for protection of the mark. Since the product Cisco stuck the sticker on top of already existed under a completely different trademark that had been in continuous use, there is all the reason in the world the courts will not rule in Cisco's favor. Even better, in Europe there is zero chance Cisco will be able to continue with its charade of claiming use of a mark they had not been using until after Apple started good-faith negotiations with them. And in the U.S. the Supreme Court just ruled that licensing something does not prevent the company signing up for the license from challenging the legal validity of the thing being licensed.

      You can keep making your statements until you are blue in the face, but this is far from over. In point of fact, it appears Apple is likely to prevail on the merits and not your pipe dream of the opposite outcome. As the tagging for this article says, ha-ha.

    7. Re:Those Little Details by iminplaya · · Score: 1

      ...and recently just stuck a sticker on a picture of an existing product...

      Clearly an attempt to defraud the government, with phony documents and everything. This is no different than filing a false tax return. And on a related note, what do you think would happen to me if I put my picture on somebody else's passport? Why do people complain about the two-bit common criminals when the so-called "pillars of society" that they deal with every day set this kind of example?

      --
      What?
    8. Re:Those Little Details by soft_guy · · Score: 1

      And Coleco was stupid enough to fold their hand which had the effect of killing the Colecovision and handing the home gaming rights to Donkey Kong over to Atari.

      --
      Avoid Missing Ball for High Score
    9. Re:Those Little Details by srw · · Score: 1

      What people seem to forget is that Apple doesn't have a product called an iPhone, either.

      Oh, really?

      Where can I get one?

      Thought so...

      What I don't understand is why another company would be the "next in line" to use a trademark. I thought it was basically first come first serve. If Cisco had it registered, and now they are the first to actually ship an "iPhone", why does anyone else have a claim to it? I could understand it if Cisco let it lapse, then Apple beat them to releasing an iPhone, but that's not what happened here.

    10. Re:Those Little Details by 99BottlesOfBeerInMyF · · Score: 1

      I thought it was basically first come first serve.

      You're thinking of patents. Trademarks exist for the sole purpose of preventing companies from causing confusion to consumers by branding a product in such a way that it misleads consumers into thinking it is from another company. You can lose trademarks in any number of ways including not using them or if the public does not associate that trademark with your product. For example, you invent a new gadget and call it the "grubblepoo." You trademark that name and sell your product. After five years a bunch of other companies have invented similar products with various names, and taken 70% of the market from you. Unfortunately everyone refers to all these devices as "grubblepoos" even though you're the only one with that on your device. The chances are, you'll lose your trademark because it is genericized.

      I happened to do a Google search for the term "iphone" about a week before Apple announced such a device and shortly after Cisco had started re-branding their existing IP telephony product as an "iphone." Of the top 10 results, 8 were talking about a rumored, unnamed device from Apple, one was Cisco's site, and one was a blog rant about how Cisco was trying to mislead people by naming a product an "iphone." To me that is pretty strong evidence that it is Cisco whose use of the name is misleading consumers and thus at least according to the original intention of trademark laws they should lose it and it should be assigned to Apple to protect consumers from being tricked.

      As to what exactly the law says, I doubt any lawyer can say with confidence, since the laws are so complex and twisted. We shall see, I suppose.

  6. In Europe too! by Megane · · Score: 5, Informative

    Cisco on brink of losing iPhone name in Europe

    I had to read TFA twice just to be sure that it was actually about the trademark in the US, not Europe.

    This is definitely turning out to be a crazy situation. I agree with TFA that this is probably why Apple didn't sign the contract with Cisco after all.

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    1. Re:In Europe too! by MrCoke · · Score: 0, Troll

      True. And why would Cisco use it when Apple is negotiating a sweet deal with them !!!

      Good stalling tactics too.

  7. Re:Name stealing nothing new. by Lars+T. · · Score: 1, Funny

    If Apple can't come up with an own good name they just take someone elses. This isn't exactly the first time.

    Apple - Sued by Apple records
    Unix - Sued by Open Group
    iPhone - Sued by Cisco

    idiot - sued by you.
    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  8. But Cisco has an iPhone already? by dclozier · · Score: 2, Interesting
    1. Re:But Cisco has an iPhone already? by MattPat · · Score: 2, Insightful

      It's the proverbial "too little, too late." They released the iPhone only a month or so before they knew Apple was planning on announcing their iPhone, and didn't even do a good job about it (ie, stickers reading "iPhone" on existing product packaging).

      The trademark was registered in 1999, and they only just started using it. Anyone with common sense can see it's because they knew Apple wanted it, and they thought they could squeeze a bit of cash out of them. Let's hope (for Apple's sake) that the judge has a little common sense. ;)

      Disclaimer: yes, I'm a Mac user, but you have to admit that it certainly seems like Cisco's actions in all of this are just attempts to underhandedly get some money from Apple. Not that Apple's announcement of the iPhone wasn't somewhat underhanded... but hey, fight fire with fire.

  9. You Know What This Proves? by CheeseburgerBrown · · Score: 2, Interesting

    The existence of the iTimeMachine. Doc Brown's gonna shit.

    This is yet another flagrant incursion into history and unforgivable mussing of the timeline by Steve Jobs, a monster whose rampage will never end until our hard-working scientists develop a weapon that can pierce his infamous Reality Distortion Field. Myself, I suggest realigning the Bussard collectors to emit anti-neutrinos.

    1. Re:You Know What This Proves? by Emetophobe · · Score: 2, Funny
      The existence of the iTimeMachine.
      So thats where those backdated stocks came from...
  10. Re:Name stealing nothing new. by Anonymous Coward · · Score: 1, Funny

    >idiot - sued by you.

    iDiot

    Err: 1D10T

  11. He's not a fan boy, but not a lawyer either by Anonymous Coward · · Score: 3, Informative

    I am pretty sure this means jack. Anybody claiming the use of a trademark receives protection with or without registration. Registration just gets you immediate action in the courts preventing apple from selling anything without hearing from apple. It also gives you the right to put TM next to the logo. If they were using it and had obvious intentions to reuse it then they are likely safe in the trademark and the registration, no matter what reason they are reusing it. The Europe one is more interesting as they have protocols to fight trademarks, but here it doesn't matter.

    That is one reason why trademark squatting can somewhat work here such as that guy who owns 'stealth'. Paying is usually easier than fighting over here, and trying to get a judge to overturn a trademark may be impossible no matter how bad the situation.

    1. Re:He's not a fan boy, but not a lawyer either by MeanderingMind · · Score: 4, Informative

      Cisco is registered for the trademark, that much is certain.

      The issue here is whether or not their registration can be revoked due to failure to use the trademark. The article mentions that a registered trademark should be in continual use throughout the registration. As Cisco had no "iPhone" product until late in the grace period there seems to be a good case for the registration to be revoked.

      Now, as you say they may still be protected, but this opens the door still for Apple to register the trademark. I can hardly think that Cisco will be able to defend a trademark that was revoked against someone else who holds the registration.

      --
      Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
    2. Re:He's not a fan boy, but not a lawyer either by Anonymous Coward · · Score: 0

      Since Apple hasn't made a "Newton" for a decade or two, if you're right I can release my own Blackberry/iPhone clone and call it the Newton without problem. In fact, "Milli Vanilli" should also be free soon. I'll get my karaoke machine ready.

      CHA-CHIIINGGGG!!!!!!

  12. Pity by tsa · · Score: 1

    That's a pity because I would like to be able to buy an iHandy next year when the Apple moblie phone comes out.

    --

    -- Cheers!

  13. USPTO website by DaveM753 · · Score: 2, Interesting

    I did a trademark search on uspto.gov, and it appeared to me that Cisco's iPhone trademark is listed as "LIVE", not "DEAD". IANAL, 'tis true. But we are talking about a ZDNet story, so I'm auto-skeptical.

    1. Re:USPTO website by wes33 · · Score: 4, Informative

      TFA goes into and explains why it still shows as 'live' - this is a legal issue not a simple "is it in the registry" issue.

    2. Re:USPTO website by Shabbs · · Score: 2, Informative

      That's because Cisco did apply in time according to the rules, but the question remains if they were actually actively using the Trademark or not. Apple will try to show that they did not have a single product out called the iPhone and thus, the application should be nullified. If it is, next in line gets it, and it looks to be a front company for Apple. Surprise, surprise.

      Cheers.

      --
      Mark
  14. I though they were getting along ok.. by solevita · · Score: 1
    Yes, I know the news of Cisco versus Apple case has been out for a while now, but what ever happened to reports that the two corporations were getting along ok?

    From Engadget:
    Apple "iPhone," huh? As we're all aware, that's the name of the new Linksys VoIP phone which Cisco (Linksys' parent company) owns the trademark to. So what's next? Another protracted legal battle for Apple? Oh hells no, son. After Steve dropped their latest i-bomb, Cisco told MarketWatch that they've been in "extensive discussions" with Apple recently and "it is our belief that Apple intends to agree to the final document. We expect to receive a signed agreement today (Tuesday)." Sweet.

    I guess that all fell through. Ah well, now we've just got more Apple rumours. Let's hope this all ends quickly so we can stop guessing about what might happen.
    1. Re:I though they were getting along ok.. by iminplaya · · Score: 1

      Let's hope this all ends quickly so we can stop guessing about what might happen.

      What?! Are you nuts? It's these soap operas that make high tech so exciting. It's "Cheaters" for nerds. It keeps both Apple and Cisco on the front pages...right here on Slashdot even. This stuff was MADE for the TV. "Boston Legal" is the perfect setting, if they haven't done a variation on the theme already...or even if they have, this could carry them through several seasons. No, You should know by now that quick resolutions are not a good thing. The process must support itself, for itself, by itself. Its continuance and perpetuity are the desired result. If they can keep it running as long as "All My Children", then wonderful! That's how its success will be measured...at the lawyers office at least.

      --
      What?
  15. it all just a plot to .... by 3seas · · Score: 1

    .... promote "Iphone" which is not really my phone but his phone as not third part apps will be allowed.

  16. Cisco -vs- Apple by Anonymous Coward · · Score: 0

    iPwnd

  17. To quote a Slashdotter on the last iPhone thread.. by Diordna · · Score: 0, Redundant

    (though I can't remember his name)

    iPH0WN3D!

  18. Re:Looks great but by Dunbal · · Score: 1, Funny

    Can I Make a Beowulf Cluster of those iPhones ?

          Would that make it an iBeowulf Cluster, or a Beowulf iCluster? Damn, I'm so confused! Who do we sue next?

    --
    Seven puppies were harmed during the making of this post.
  19. Re:I dunno... by TomHandy · · Score: 1

    Can you point me to some of the phones with those features, specifically a phone with an interface even close to what the iPhone has? I love Japanese technology, but I hadn't really seen anything quite like it before.

  20. You're missing the point by Space+cowboy · · Score: 5, Insightful

    To successfully defend a trademark, you have to show you've been consistently using it for years. Cisco couldn't do that - they had to stick a sticker on the outside of a shrink-wrap of another package. Do you not think if they actually *had* a product called the iPhone, they'd have taken a photo of that ?

    Score one for the fruit company...

    Simon.

    --
    Physicists get Hadrons!
    1. Re:You're missing the point by Anonymous Coward · · Score: 0

      It's you who's missing the point. You think that "use" means having a product. I'm telling you that this is a false. Read the message you've replied to again, it's quite clear in this regard.

    2. Re:You're missing the point by Anonymous Coward · · Score: 0

      Sounds to me like Cisco was developing a product and used a codename instead of the intended final name of "iPhone" while it was in development.

    3. Re:You're missing the point by Anonymous Coward · · Score: 0

      Use, for the purposes of trademark, does mean having a product. It also means not having falsely extended a trademark registration (in this case, with a false declaration). Even if Cisco insists they starting shipping a product with the iPhone name* on December 18, 2006 after 5 plus years of not shipping a product with the iPhone name, Cisco still has to answer for falsely extending the registration of the trademark during a period when they were not using the name. The courts will very likely see the proper remedy for Cisco's false registration extension as loss of their right to use the trademark, particularly since Cisco's false registration extension would have prevented any company doing a due diligence search on a possible name to use as a trademark from knowing they could use the mark. Cisco screwed up big time if they wanted to "use" the mark. But it appears, from all the facts available to us, that Cisco did not really want to use the mark, they merely wanted to license its use to Apple. That they had to use the mark in order to license the mark to Apple appears to be the only reason *Cisco stuck a sticker on an already-shipping product with the up-until-then (at least for 5 plus years prior) unused mark. Apple has a very good case, since Cisco did not use the trademark continuously and yet at a time when they were not using the mark filed for and received an extension to the trademark registration under the false pretense of use. Apple can reasonably argue that the existence of the falsely-extended trademark registration prevented Apple from using (and registering) a trademark they otherwise would have used. Since Cisco is responsible for the false registration, the court may reasonably strip Cisco of its right to use the mark.

  21. Re:I dunno... by Anonymous Coward · · Score: 5, Informative

    Laws should be applied equally to all, regardless of who it is. Politicians. Cops. Firemen. Doctors. Corporations. Blacks. Whites. etc.

    The trademark laws are fair here. Sticking a label onto shrinkwrap is not a) showing use for the past 5 years CONTINUOUSLY as the law requires, b) shows any evidence this was "use" of a trademark. Use being something the public saw when purchasing the product; they didn't.

    Indeed, it seems misleading, even fraudulent, what Cisco did; they pretended that this was evidence of continuous use, public use? Please. I never heard of iphone until December and I've been looking at VOIP gear off and on for the past 6 months.

    Fanboys? Sure. I used to be a Mac fanboy, back in the 68k and early PPC days. No longer. I (horrible, I know) like XP more than I like MacOS, although I dislike MS more than Apple. I have no plans to buy the crippled Apple phone/iphone either, unless Cingular has some whopping cheap plans (like $60 a month for 1000+ minutes and unlimited EDGE).

  22. So that's it! by BillGatesLoveChild · · Score: 4, Funny

    If this checks out, Youch! Everyone was wondering what was behind Apple so brazenly using the iPhone trademark. Cringely wrote a whole piece on it http://pbs.org/cringely but no one guessed something as simple as this!

    Memo to self: Don't play Poker with Steve Jobs.

    1. Re:So that's it! by Anonymous Coward · · Score: 0

      Memo to self: Don't play Poker with Steve Jobs.

      Because he's a cheat and a sore loser?

    2. Re:So that's it! by BillGatesLoveChild · · Score: 1
      > Because he's a cheat and a sore loser?

      A sore winner maybe, but never a loser! :-)

      A cheat? Steve Jobs: "Good Artists Copy. Great Artists Steal" That's a quote from Cringely's "Revenge of the Nerds"

  23. zdnet article quotes /.er.... by nblender · · Score: 4, Interesting

    I RTFA and thought the commentary looked familiar: http://apple.slashdot.org/comments.pl?sid=216560&c id=17578608

  24. Maybe by KidSock · · Score: 2, Interesting

    Maybe this is why apple didn't come out with an iPhone before. They were waiting to see if they would let the trademark lapse.

    1. Re:Maybe by TheCybernator · · Score: 1

      i am waiting for iPr0n

    2. Re:Maybe by Inthewire · · Score: 1

      Good point.

      I was rereading Nerds 2.0.1 this morning and read the part that describes the emergence of Java...James Gosling is quoted as saying "We actually got to the point where the number-one thing blocking the release of a system was having a name."

      --


      Writers imply. Readers infer.
  25. sure, right, as if ... by Anonymous Coward · · Score: 0

    i bet if i used the trademark, i wouldn't have a snowballs chance in hell

    on the other hand, if i was an evil corporation with a staff of greedy lawyers

  26. The guns are now pointed the other way by Anonymous Coward · · Score: 0

    Next story will be Apple suing Cisco, though neither own the name, doesnt mean lawyers wont find something to sue for.

  27. My money is on Apple winning this one. by Fahrvergnuugen · · Score: 4, Interesting

    In the words of bugs bunny: How now brown cow?

    The fickle commentaries crack me up. First it was WTF was Apple thinking? Then it was Cisco is in the right, Apple is wrong / evil / brazen. How stupid could they be. They're gonna have to rename it to @Phone. Blah blah blah.

    Did anyone honestly think Apple would name their product the iPhone, full well knowing that Cisco had the trademark unless they were completely confident that it was both A) worth the legal headache and B) that they have a very good case and therefor chance of triumphing in this dispute?

    --
    Kiteboarding Gear Mention slashdot and get 10% off!
    1. Re:My money is on Apple winning this one. by thelost · · Score: 1

      you're forgetting c) the great publicity their jesus phone is getting from this whole debate

      --
      Promote Charity on Myspace, Show Your Colours!
    2. Re:My money is on Apple winning this one. by Anonymous Coward · · Score: 0

      One word: Rendezvous... I mean Bonjour....

      Yes, I think they would.

  28. Re:zdnet article quotes /.er.... (offtopic) by Achoi77 · · Score: 1

    when I read your post my immediate digg-like fanboy reaction was to say, "For shame! Who is Jay Behmke that he can steal quotes from the web and use it as his own?!"

    Then I look a look at the /. poster's ID number:

    (Score:5, Informative)
    by jmbehmke1 (1050394) Alter Relationship on Friday January 12, @02:23PM (#17578608)

    oh.

    Then I proceeded to wipe the egg that was on my face. The internet has made me a little too on edge. :-(

  29. Re:I dunno... by Planesdragon · · Score: 1

    The current model Treos, apparently. Only they actually have a thumb-pad, so you don't need that "I can't even get it right in the demo" virtual keyboard.

  30. Featured iPhone by trofer · · Score: 3, Informative

    iPhone is now a featured product on Cisco's Website. I don't know if it was there before the iPhone was announced or before this trademark non-usage news came out, but surely it's related with Apple's iPhone.

    1. Re:Featured iPhone by Anonymous Coward · · Score: 1, Insightful

      On the iPhone product page there's a link that leads to amazon.com.
      The "Linksys WIP320 Linksys Wireless-G Skype iPhone" has two pictures. One full frontal picture and one in perspective. The full frontal one has iPhone in the middle but the perspective doesn't.
      Probably because it was too hard for them to put the iphone logo on that one.

    2. Re:Featured iPhone by nhz · · Score: 2, Interesting

      Disclaimer - I'm definitely not an Apple fanboy. I just wanted to find first-hand whatever I could about this situation.
      http://web.archive.org/web/*/http://www.cisco.com
      has a nice listing of previous cisco home pages. I browsed through this quite a bit, and it looked like they were using the term "communicator" extensively. I didn't see iPhone on any of these historical pages. I'm inclined to think they just might have made "iPhone" a new, featured product in the last 72 hours.
      Interestingly, I did find iphone by VocalTec in 1996, see:
      http://web.archive.org/web/19961225003516/www.voca ltec.com/iphone.htm
      but since VocalTec is an Israeli telecom equipment provider, and IANAL, I don't know what to make of this. My only thought is that probably their iPhone is no longer being actively used, and I don't know if it was even a trademarked name.

    3. Re:Featured iPhone by nacturation · · Score: 3, Interesting

      Here's the direct link to the iPhone on Amazon image:

            http://www.amazon.com/gp/customer-images/by-author /A675KDVLCPUZV

      This is a customer uploaded image uploaded by one "Ben Boyle" on December 18, 2006. The main product image has no such iPhone shown:

            http://www.amazon.com/gp/product/images/B000JI5L02

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    4. Re:Featured iPhone by j-min · · Score: 0

      I like how on the main page of cisco's website, under "Latest News", the first two links are "Cisco sues Apple ..." and "Podcast: Cisco Exec ..."

      A nice dichotomy between suing a company at the same time as you use their product.

    5. Re:Featured iPhone by LnxAddct · · Score: 1

      According to one report, Cisco didn't have any product on the market named "iPhone" until December 18th, 2006. I'm pretty sure that they are going to lose this one.
      Regards,
      Steve

    6. Re:Featured iPhone by David+Rolfe · · Score: 1

      Also, compare the product image here: http://www.amazon.com/gp/product/B000JI75GU/ref=pd _cp_e_title/002-3832442-2513669

      To this one here: http://www.voipsupply.com/product_info.php?product s_id=2248

      Again, Photoshopped or actual product photograph, anyone own one? It seems if nothing else that Voipsupply is more responsive to Cisco's product photo updates. I wonder why Amazon couldn't be bothered to play ball.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    7. Re:Featured iPhone by scdeimos · · Score: 1

      Unfortunately, the image right beside it (a view of the phone from directly in front) does actually have the iPhone moniker above the keypad.

      Interestingly, if you HEAD that image it was last modified on 19-Dec-2006:

      200 OK
      Connection: close
      Date: Sun, 14 Jan 2007 03:06:17 GMT
      Content-Length: 22220
      Content-Type: image/jpeg
      Last-Modified: Tue, 19 Dec 2006 06:53:16 GMT
    8. Re:Featured iPhone by nacturation · · Score: 1

      Unfortunately, the image right beside it (a view of the phone from directly in front) does actually have the iPhone moniker above the keypad. That's the user uploaded image I mentioned. Compare the URLs.
      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    9. Re:Featured iPhone by scdeimos · · Score: 1

      Yes, it's true, I'm a dumbass for not properly reading your post. *slaps head*

      The actual Linksys iPhone page on Amazon has two product images on it:

      • The original image, an oblique shot of the phone with no brand marking between the screen and keypad, that was uploaded on 28-Nov-2006 18:15:15 GMT.
      • The user-supplied image by Ben Boyle, a "full frontal" shot of the phone with an "iPhone" brand marking between the screen and keypad, that was uploaded on 19-Dec-2006 06:53:16 GMT.
    10. Re:Featured iPhone by nacturation · · Score: 1

      Thanks... that's a much better presentation than the confusing version I wrote. :)

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  31. Re:I dunno... by NormalVisual · · Score: 4, Informative

    The problem is that the product that bore the "iPhone" label in the declaration (Linksys CIT200) hadn't ever been associated with that name, so it seems to me that the sticker was an attempt to pull a fast one on the USPTO by representing the trademark as being actively used when in fact it wasn't and hadn't been for six years. The CIT200 was finally rebranded "iPhone" last month, but that was seven months after the declaration was filed and more than a year after the declaration had originally been due, and almost certainly after Cisco was aware of Apple's intentions.

    IMHO Cisco fumbled badly, and they're desperately trying to recover.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  32. Re:Name stealing nothing new. by keehotee · · Score: 1

    It's running OS X isn't it? Why don't they just call it the MacPhone and be done with it. It could come with a tartan case, and have bagpipe ringtones.

  33. Somebody need to go to jail by Overzeetop · · Score: 2, Insightful

    Cisco regiters trademark.

    Cisco files Delcaration of Use, with "under penalty of perjury" affidavit stating they are using the name.

    Now it sounds like everything will hinge on the following:
    AT a former FA:
    2001 - 2006: Cisco continues servicing and providing technical support for the iPhone

    So internal documentation may/probably shows continuous use of iPhone in regards to the support of an existing product.

    Either

    (A) the trademark is shown to be valid, as internal documents support the continued use of the trademark for support purposes OR
    (B) they don't have the documentation, or it is deemed invalid, in which case whomever signed the extension is clearly guilty of perjury and should be prosecuted to the fullest extent of the law.

    In my opinion, you can't have it both ways - the tradmark is valid and the signer is ok, or the trademark is invalid and the signer goes to jail. There is no middle ground.

    Now, in other thoughts on the matter:

          (1) If the trademark is up for grabs, and Cisco has an iPhone product on the market which pre-dates the Apple cellular product, don't they still have "dibs" on the name? Can't they re-file for the trademark, and presumably be first in line because of an actual shipping product?

          (2) Can Chevy come out with their new "Fairlane" model next year, since Ford clearly is not producing a Fairlane and haven't for more than 7 years? If Ford claims to keep it by offering parts and service for the Fairlane, wouldn't that bolster the case For Cisco, which has supported "their" iPhone product with (at least) service for the last 6 years?

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Somebody need to go to jail by thefinite · · Score: 2, Insightful

      (1) If the trademark is up for grabs, and Cisco has an iPhone product on the market which pre-dates the Apple cellular product, don't they still have "dibs" on the name? Can't they re-file for the trademark, and presumably be first in line because of an actual shipping product?

      You are confusing this a bit with Patent and/or Copyright. A registered trademark gives you the assumption that the mark is properly yours and trumps all other marks. Without a registered trademark, you have to *prove* to a court that the mark is an indicator of your company being the source rather than another company. This is referred to as a common-law trademark. Cisco would have a very difficult time proving to a court that when people hear iPhone, they are more likely to think of Cisco. First-in-time might be part of a court's consideration, but the facts that Apple has a family of iBrands, that people were talking about Apple's iPhone long before Cisco released theirs (the December 06 one, that is), and that by lapsing the registered mark Cisco showed they weren't using the name would all weigh heavily in Apple's favor.

      --
      Boom Shanka
    2. Re:Somebody need to go to jail by Anonymous Coward · · Score: 0

      the trademark is invalid and the signer goes to jail. There is no middle ground.

      This is a mistake. Perjury violations are notoriously difficult to prosecute. But the mistake is not that. Prosecution of any "crime" is left entirely to the discretion of the prosecutors' office. That is, a prosecutor gets to pick and choose what crimes to prosecute. That's right -- even if you performed an entire investigation and wrote up a complete and airtight case for why someone somewhere is guilty of a crime, no prosecutor in the United States of America would be obligated to prosecute the person for the alleged crime.

      I do think the trademark registration by Cisco is invalid. I do not think any employee or representative of Cisco involved in preparing the faulty registration will be spending time in jail, at least not for committing the crime of the perjury in relation to the registration.

    3. Re:Somebody need to go to jail by Overzeetop · · Score: 1

      No, I'm not, I'm trying to look at the case without geek prejudice.

      On the surface, it seems pretty simple.

      Company A buys company which produces the RealWidget.
      Company A registers the trademark.
      Company A supports said xWidget and reaffirms trademark, and affirmation is accepted.
      Company B has rumors of a widget coming to market
      Company B has a fantasically popular RealGidget in production
      Company A comes out with new xWidget product last month - they'll call it the updated version of the old RealWidget.
      Company B annouces their new product, the RealWidget, to be released in 5 months.

      Now there is some question as to whether support of the old RealWidget product by Company A conforms to the requirement that they be using their registered trademark.

      Based on that timeline, and ignoring the actual players in the market, there doesn't seem much chance that Company B gets to use the trademark. The use of Real in front of a product name has already been tested in court, and Company B has no basic right to the prefix. Even if Company A happens to lose the trademark battle, they should still retain the common-law trademark.

      It is only in light of the fact that Company B is a wildly popular consumer electronics company with a higher advertising profile that there is any real (ha ha) question about the trademark status.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    4. Re:Somebody need to go to jail by Vokbain · · Score: 1

      You're missing the point that even though they got the trademark for it long ago, Cisco has never had a product named "iPhone" before December 2006.

    5. Re:Somebody need to go to jail by Vokbain · · Score: 1

      Gah, nevermind. That'll show me to not ignore annoying tech discussions for weeks at a time.

    6. Re:Somebody need to go to jail by Kesh · · Score: 1
      The difference is that Cisco never actually offered an iPhone until just before the trademark was set to expire. And even that was just slapping a sticker on a pre-existing product and claiming it as the iPhone to keep the trademark extension.

      Basically, this trademark has been sitting in a file cabinet gathering dust ever since it was claimed. They've never actually used it on a product until now.

    7. Re:Somebody need to go to jail by Anonymous Coward · · Score: 0

      I know I'm not anywhere near the point you are making, just letting you know that Ford Australia do have a current "Fairlane" model.

    8. Re:Somebody need to go to jail by terrymr · · Score: 1

      Here's a thing - If you hear of a widget named iWidget - who immediately comes to mind as the maker of said iWidget ?

      That's what counts in trademark law.

      Cisco has made no effort to build up any brand around the iPhone trademark. There's a product that came out a couple of weeks ago after the registration was expired. Thats it.

      If they were serious about building a brand image, anybody who referred to an apple iPhone in the press should have received a letter from Cisco's lawyers explaining that iPhone is a Cisco product and the mark should not be connected with any other company's product. Xerox has a massive department just to do this.

      Apple on the other hand has put a lot of effort into marketing the iWidget brand.

  34. Apple must have known/business tactics by Anonymous Coward · · Score: 0

    I bet the reason why Apple extended the protracted negotiations with Cisco past the 11th hour was simply to keep the iPhone product a secret. Perhaps Apple knew all along that Cisco's rights to the name were questionable at best. If Cisco had known that Apple was never going to really finalize negotiations, do you think Cisco would have remained mum about the whole situation?

    If this is the case, Apple just pulled off some funny/clever business maneuvers, all for the sake of secrecy.

  35. USPTO by Scorchmon · · Score: 1

    The writer makes an excellent case, but I can't help but think about how is all under the authority of the United States Patent and Trademark Office. Anyone of us can see that they just slapped an "iPhone" sticker on another product, but with all of the stories of how incompetent the USPTO is with granting patents without much thought as to its authenticity, who thinks that practice doesn't carry over into their dealing with trademarks? If they handle their handling of trademarks the same way they do patents, I can easily see Cisco having been successfully granted an extension on the trademark and it standing up in court.

    1. Re:USPTO by thefinite · · Score: 1

      You are right that it was granted by apparent incompetence, but it probably *won't* stand up in court. Courts invalidate decisions by the USPTO all the time, usually on the grounds that they had no business granting or denying whatever was granted or denied.

      --
      Boom Shanka
  36. Re:I dunno... by LKM · · Score: 1

    I own a Treo 650. It's not even close to what the iPhone is doing interface-wise. I also own a P990, which is about as far from the iPhone (or from the Treo, for that matter) as Windows 3.11 is from Mac OS X.

  37. Why aPhone? by Bright+Apollo · · Score: 5, Funny

    Y'know, seeing as how it's an Apple product, they can rebrand the whole of their catalog (usher in the new era of Apple Inc). That way you can own aMac and aPhone and aServer with aWirelessLAN. Of course, you could also get aLife...

    -BA

    1. Re:Why aPhone? by posterlogo · · Score: 1

      dude, i don't have mod points right now, but props for cracking me up so early in the morning...that was fricking hilarious.

  38. Re:I dunno... by arclyte · · Score: 1

    treos? wow. never heard of that. how would you translate that from the japanese?

    in case you didn't notice, the parent was asking about japanese technology that is so advanced that it beats out the current stock here in america and you tell us to look at the current stock that's here in america? well, you've got me beat...

    of course, we're arguing over the merits of a product that does not yet exist on the market yet... this is like saying how much better halo 3 is than gears of war. i'm sure it will be better, but i'll reserve my judgements until it's in my hands.

    we are, however, waiting to hear what in japan is similar... really. i know they sell things in asia that never make it to the U.S. or only make it here after extended delays, but it's not impossible to get your hands on such things, or at least read about them. I have yet to hear of a device like the iPhone with all of its features. I'd love to see one. I think the iPhone looks awesome but agree with those who criticize it. I don't like that they've aligned themselves with a big telco. I was hoping they'd help blow the lid off of the current lockdown they have on technology. It's a step in the right direction, but not quite there yet. I'm sure we'll be seeing unlocked versions soon after it's released, though. If you've got something light years ahead of the iPhone in Japan already, though, please tell me. I'll pay the extra shipping to get my hands on that instead.

  39. Why is Apple "The good guys" ?? by AftanGustur · · Score: 1, Flamebait


    Did I fall asleep and miss something ?

    Why is Apple, the world's largest DRM company which loves to use it's lawyers to crush and close any blog which mentions it's upcoming product, now suddenly the "good guys" ?

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  40. Re:Name stealing nothing new. by Joebert · · Score: 1
    Why don't they just call it the MacPhone and be done with it

    Because the youngins would start to wonder what an Intosh is.
    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  41. Re:I dunno... by Anonymous Coward · · Score: 0

    that's crap... the 650 does just about everything the iPhone will do...

    my treo is a 2gig mp3 player,full interface with iTunes, Calendar and contacts, google maps with traffic analyzer, all my eamil, word/excel/powerpoint, I use it as a bluetooth remote to control powerpoint demos and I control iTunes on my laptop with it,it emulates my HP48 calculator.

    The best part is that there is tons of software out there that will never be out there for the iPhone... I use it at work using the LD rigging calculator, and I also base my entire physical training around it, recording my workouts, body weight, body fat and interfacing with my heart rate monitor, at work I plug in a wiFi card and I remote control my Grand MA light board with it.

    Now, all that said... yeah it is clunky... I am sure the iPhone with technology that is like 5 years more recent will be much more impressive...

    but I will stay with a clunky piece of software until I can get third party applications like my heart rate monitor interface or a remote control software.

    A phone is a computer interface to the rest of the world... it should be your tricorder. iPhone seems like it is trying to give you a simple mac remote with communicator... locking you in to all things Mac... which I would do... but they just haven't and won't expand their tech into realms I need tech.

  42. Seems to me that... by wfolta · · Score: 1

    even if Apple knew they'd lose, the would get the buzz from the obvious "IPhone" for 6 months until the real thing comes out -- with the added lawsuit and "will they lose the name" buzz to keep it on front pages -- then they could rebrand it the Apple Phone or the iTunes Phone or whatever and get even MORE buzz as they get the release publicity plus the "Apple had to rebrand their phone" publicity that would of course also describe the phone.

    Sort of like the old saying, "I don't care what you print about me in your newspaper as long as you spell my name right". (Or something like that.)

  43. Re:Looks great but by Anonymous Coward · · Score: 0

    No, third party applications aren't allowed. When I met Steve he told me you might be able to do it through widgets.

  44. Re:Why is Apple "The good guys" ?? by pboyd2004 · · Score: 0

    Because this is Slashdot and Apple is automatically good, Microsoft is automatically bad, and everything needs to run Linux.

  45. Here's proof of continuous use by Cisco by Animats · · Score: 5, Informative

    This is just some bloggers, not a legal opinion, even if it's from a lawyer.

    Here's a demonstration that Cisco was continuously using the trademark: the support web site for the iPhone, as archived at archive.org. "With InfoGear recently being acquired by Cisco Systems, there is currently no change to your iPhone coverage. We hope you continue to enjoy using your iPhone, and we thank you for your business. So, even if Cisco wasn't selling new units, they were still supporting the old ones. That page has been archived every year since 2000, so that's a form of continuous use.

    There's an active user base. The University of Florida went iPhone. There's a description of their configuration here. They have a VoIP infrastructure with three Cisco CallManagers, two Cisco 6608 VoIP gateways, a Cisco Unity voice mail system, and many Cisco IP telephones, some of which are iPhone units, on desktops. The University of Pennsylvania also went iPhone. There are probably corporate installations too, but they tend not to publish their phone instructions on the public web. Those installations have to be supported, which is something Cisco does, and gets paid for. Cisco is in the network infrastructure business, after all.

    As long as there's support, and support-related revenue, the trademark is clearly in use.

    1. Re:Here's proof of continuous use by Cisco by Anonymous Coward · · Score: 2, Insightful

      Supporting a product that is not being sold is not a form of use with trademarks. Use is actually selling (or trading) a product with that mark. Cisco made a conscious decision not to continue using the iPhone trademark it bought by buying InfoGear (who actually used the trademark up until 2000). My guess is Cisco did not want to be associated with the "playfulness" of the "i" prefix. Apple has, after all, generally used it for consumer products (not the serious business market Cisco is after) and its seminal and most-famous use is in naming a computer called cute: the iMac.

      It is readily apparent Cisco only re-started use of the mark after 5 years (late last month) in order to confound good faith negotiations by Apple over the unused branding mark. Apple is correct to pursue the de-registration of this disused mark.

      You are mistaken to believe supporting a product with a certain mark constitutes "use" of that mark in the trademark sense.

    2. Re:Here's proof of continuous use by Cisco by palmer64s · · Score: 5, Informative

      Nope. A trademark by definition indicates source of origin. Support does not count, because no product or service is being originated by the company under the trademark. This is especially true in this case, since the iPhone was actually produced by another company, InfoGear. Cisco has apparently never produced an iPhone during the period in which they registered that trademark.

    3. Re:Here's proof of continuous use by Cisco by Crispy+Critters · · Score: 1
      "Here's a demonstration that Cisco was continuously using the trademark:"

      Seems iffy. After all, lots of places offer Linux support, but that does not give them rights to the name Linux. The mere mention of the mark iPhone in describing the service is not the same as using it as the name of a product or service. This is like the difference between an automobile company selling Fords and a garage advertising that they fix Fords.

      When the mark is registered, the product also has to be specified. The original mark was presumably applied to the physical phone. That object has not been available for sale throughout the required period. Using "iPhone" in the description of service is not the same as having "iPhone" as part of the trademarked name of a service.

    4. Re:Here's proof of continuous use by Cisco by Anonymous Coward · · Score: 2, Informative

      Support is not use, in trademark terms. Existence of a support website (that says InfoGear was recently acquired by Cisco) does not support a claim of use of a trademark. It might support a claim of use of a service mark.

      University of Florida refers to an IPhone service (note the capitalization), not an iPhone product. In fact, most of the time Florida refers to its VoIP service as I-Phone (note the capitalization and dash):

      I-Phone is a new solutions-offering presented by OIT-Telecom that takes advantage of the convergence of voice and data networks.
      The I-Phone service is part of the "services-to-wallplate" model that is offered by OIT-Network Services and is designed to ultimately provide an enterprise communications solution for the University of Florida.


      University of Pennsylvania refers to a web-based service called My iPhone (alternatively referred to as Penn iPhone):

      My iPhone is a web service that allows you to manage certain telephone features and voice mail options from a web browser.

      Neither University is using a product called iPhone (except legacy units purchased 5+ years ago). They are both using a service they refer to as, in the case of Florida, I-Phone (VoIP) and, in the case of Pennsylvania, My iPhone (web manager).

      Cisco's disuse of the mark in trade for a period of five plus years hurts their case considerably. A support web page that has not changed in five plus years offering service with respect to the mark may help a bit, but not much.

    5. Re:Here's proof of continuous use by Cisco by Anonymous Coward · · Score: 0

      I think Cisco has a good shot at this case overall, but:

      Your first University of Florida (UF) link has one reference to 'Cisco IPhone', which offers some support to your case. Maybe. I can't load the link this 'Cisco IPhone' is pointing to, so I can't tell if it has any Cisco IPhone branding or if it is just loose use of the two words. Anywhere else I see UF talking about the phones specifically, they call them IP Phones, which is more commonly Cisco's style.

      Case in point, your link to the UF configuration is pretty pointless, as it refers only to various Cisco 'IP Phone' products, 'IPhone' appears nowhere on the page. I'm not sure why you included this one, unless as a counter example.

      Your UofPenn link refers to 'Penn iPhone' and 'My iPhone', but not 'Cisco iPhone'. They are very clearly branding as if iPhone is their name, not Cisco's or anyone else's. I doubt they would bother spending money on a registration, though.

      At any rate, I do think Cisco has a case, but no, I don't think you've helped them make it.

    6. Re:Here's proof of continuous use by Cisco by Anonymous Coward · · Score: 0
      > since the iPhone was actually produced by another company, InfoGear.

      Cisco is InfoGear. Cicso bought InfoGear and thereby got rights to the trademark (and the product of said name). Maybe if Cisco had brought just the TM and not the whole company that might make sense. That would extremely strange law that says you get the trademark rights but you don't get 'credit' for 'usage' of the trademark in an acquisition.

      > Support does not count, because no product or service

      'Support' is not a service????????? Praytell exactly what is it then?

    7. Re:Here's proof of continuous use by Cisco by truesaer · · Score: 1

      Cisco purchased InfoGear, they're the same company. And I highly doubt that Cisco was supporting this stuff for free, in which case its a service is it not?

    8. Re:Here's proof of continuous use by Cisco by scdeimos · · Score: 1
      There's an active user base. The University of Florida went iPhone.

      Sorry, not buying this one: the linked Quick Reference Guides for the phones all use "Cisco IP Phone" when describing their products. Not that UoF is an authoritive source but they also use "IPhone" instead of "iPhone" when describing them, with one other reference to "I-Phone".

    9. Re:Here's proof of continuous use by Cisco by palmer64s · · Score: 1
      You can trademark a service, but Cisco's iPhone is registered as a product (phone hardware and software), which means Cisco must produce the product to keep the iPhone trademark active. Supporting that product is not trademark use. It's like a cattle brand which must be actively applied to products, or else it expires.


      My point about Infogear being a separate company (when they produced the iPhone) is that it weakens Cisco's case further. It appears that they simply let the trademark die after acquiring Infogear, and then made a frantic attempt to claim a recent phone as an iPhone. They wouldn't need to do this if their support of Infogear's iPhone were sufficient to maintain the trademark.

  46. Look out by Anonymous Coward · · Score: 0

    Apple is going to sue you because your post was titled "I dunno". Don't you know Apple has the God-given right to own every word starting with the letter i? In fact, I suggest we all take a stand against Apple by refusing to use the letter i in all further communication. Who 1s w1th me?

    1. Re:Look out by Megane · · Score: 1

      In fact, I suggest we all take a stand against Apple by refusing to use the letter i in all further communication.

      Expect a letter from Apple's lawyers over your unauthorized use of their trademarks "iSuggest" and "iIn".

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  47. Yet another article about the iPhone trademark ... by Anonymous Coward · · Score: 0

    ... seriously, I don't understand what's SO interesting about this topic that warrants so many slashdot submissions.

    Cisco bought the trademark from some small company and now that Apple is using it Cisco has decided to sue Apple. Has anything newsworthy happened since? Didn't think so ...

  48. product name such news? by mrcdeckard · · Score: 1


    ok, i'm a begrudgingly admitted macboi, and *i'm* tired of hearing about the iphone debate. it's like arguing the existence of god (or something) -- what does it matter?

    mr c

    --
    "Physics is like sex. Sure, it may give some practical results, but that's not why we do it." - R. Feynman
  49. Too Late Buddy by thedbp · · Score: 4, Funny

    1. Unclear, unjustified war in a sovereign nation - Check.
    2. National obsession with dance at the expense of expanded consciousness - Check.
    3. Horrific fashion - Check.
    4. Youth culture co-opted by advertising - Check.
    5. Government stomping all over personal liberty - Check.

    Sorry, dude, you're too late. The Seventies are back in force.

    1. Re:Too Late Buddy by jellomizer · · Score: 1

      Well according to my parents that was the 1960's not the 1970's but according to my grand parents it was the 1950's, People who are between them sate that these were the situation of the 1980 and some even say that was the case during the 1990's Sorry dude but things really don't change that much. Just because you were kid the previous generation and were to stupid to know what was going on doesn't make that generation any better.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Too Late Buddy by Anonymous Coward · · Score: 0

      Um ... it's "too stupid"

  50. TM vs. R by jpellino · · Score: 3, Informative

    In fact, in the UIS at least you can use "TM" from when you begin the claim, you can use "R" once it's actually registered.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  51. This would explain a lot by Swift2001 · · Score: 1

    This would explain why the "iPhone" by Cisco came out a week before Apple's iPhone. This would also explain why it's such a lame, slapped-together design.

    If it's true, then you can see why trademarks lapse if not used or enforced. Why, otherwise, companies could buy up a bunch of trademarks, or think up obvious ones, and sue in perpetuity. Not that that's what's happening here, of course. Kaff, kaff.

    Cisco has a good reputation for quality on the corporate (premium) market, and they also are worshipped by a certain kind of business school graduate, but just look at that mess of a website, and I'd say their corporate culture sucks hard.

  52. Re:I dunno... by TomHandy · · Score: 3, Interesting
    Hey, don't get me wrong, I like my Treo 650 too; and mostly for the third party stuff, like Salling Clicker (which I also use to control ZoomPlayer and iTunes remotely on my PC). But the OS has been stagnating for years, and the UI of a lot of the apps are kind of clunky. For a lot of what I do ultimately use my Treo for, it is kind of a pain in the ass. I.e. web browsing; Blazer just stinks, and I've practically given up on even bothering to use real websites with it, instead using WAP versions of sites when I can. From what I've seen of the iPhone demonstrations, Apple has really moved things forward interface wise.

    I certainly do hope to see the iPhone become a better platform for third party apps eventually, but even with nothing else, I can see ditching my Treo when it comes out. And I'm hoping that the few third party apps I do use on the Treo do make their way to the iPhone, one way or the other..... would love to have Salling Clicker on it, for example.

    Actually, the other big thing I use my Treo for is as a host for TomTom navigator, but I could probably see giving that up to and just getting a physical TomTom device instead.

  53. Cisco does not own the mark as claimed by exp(pi*sqrt(163)) · · Score: 1

    Irrelevant. Anyone who thinks that court cases are won because something does or does not satisfy certain conditions laid down in legal statutes is very naive. All that matters is how much each party has to spend on lawyers to convince a judge. Once convinced, the judge will then write up his or her decision with a post hoc rationalization to make it appear that the decision followed from rules. And so it goes.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  54. Re:Why is Apple "The good guys" ?? by Anonymous Coward · · Score: 0

    Why is Apple, the world's largest DRM company which loves to use it's lawyers to crush and close any blog which mentions it's upcoming product, now suddenly the "good guys" ? Why does having DRM, or keeping company secrets make them NOT the good guys? Your comment isn't as intuitive as you seem to think it is.
  55. Re:I dunno... by 2sheds · · Score: 1

    > Blazer just stinks, and I've practically given up on even bothering to use real websites with it, instead using WAP versions of sites when I can.

    Opera Mini is your friend.

    --

    Absit Invidia
  56. How does iphone.org impact this dispute? by amper · · Score: 1

    Because it would seem from the whois information that the record for the domain "iphone.org" was created on 16 Dec 1999, and since that time, has pointed directly to the Apple WWW site. Doesn't that qualify as a "continuous usage"? Wouldn't that make Apple, Inc. (nee Computer) next in line for the registration rather than Ocean Telecom? The existance of "iphone.org" was widely reported in the press back when.

    The other question I have is whether or not an invalidity of the trademark registration necessarily invalidates a trademark. After all, isn't it a well-known principle of IP law that a trademark need not necessarily be registered to be valid, as long as the trademark holder can show prior and continous usage of the same? Also, remember that trademarks are generally only held to be valid within a certain sphere. The same word can function as a trademark for completely different concerns in dissimilar market spaces.

    Whatever the outcome of this dispute, Steve Jobs pulled a brilliant marketing stunt by introducing the product as the iPhone. Even if Cisco eventually retains the trademark registration, the word iPhone is now indelibly imprinted on the public's mind as the name of Apple's new cell phone (not that it wasn't already, but this cemented it). As for myself, I never even heard of Cisco's so-called product until they apparently rushed it to market because of all the hype surrounding what was believed to be the impending release of the Apple product.

    Let's face it, Cisco is a pretty lame company, and they always have been. Those of us who were installing wide-area networking routers in the early-mid 1990's will know what I mean.

    1. Re:How does iphone.org impact this dispute? by mr_matticus · · Score: 1

      Trademark holder cannot show prior OR continuous usage of same. They inherited the mark from a company they purchased; the product was discontinued. The window closed; they filed their paperwork past-due (days before the end of the six-month grace period attached to the end of the window) and renamed an existing product to create a veneer of legitimacy. They didn't even bother to replace the packaging on the shipping units, instead slapping stickers on the outside of the boxes. A few weeks later, Apple announces its iPhone. Cisco is forced to sue, because if it hadn't, there would have been zero chance of them getting any money from Apple.

      As if that wasn't enough, Apple has prior interest in the name, prior art (relevant to Cisco at the very least) when it comes to iProducts, superior association in the public mind, AND had approached Cisco months before they filed their hasty past-due paperwork at USPTO. You can look at that last item in two ways. One, that Cisco saw an opportunity for leverage and easy money; Two, that Cisco saw the window closing and if they did nothing, Apple would get their trademark without giving up anything.

      The rational response would have been to cement a deal before the mark expired, getting Apple to give them money voluntarily and avoiding massive legal bills. Instead, Cisco thought a last minute trick might get them more money and at least some publicity and sympathetic anti-Apple Slashdotters.

  57. Article is wrong: iPhone is a registered trademark by Anonymous Coward · · Score: 0

    Here's the posting from the USPTO web site, clearly showing that iPhone is a live, registered trademark:

    Word Mark IPHONE
    Goods and Services IC 009. US 021 023 026 036 038. G & S: computer hardware and software for providing integrated telephone communication with computerized global information networks. FIRST USE: 19970606. FIRST USE IN COMMERCE: 19970606
    Mark Drawing Code (1) TYPED DRAWING
    Design Search Code
    Serial Number 75076573
    Filing Date March 20, 1996
    Current Filing Basis 1A
    Original Filing Basis 1B
    Published for Opposition December 29, 1998
    Registration Number 2293011
    Registration Date November 16, 1999
    Owner (REGISTRANT) INFOGEAR TECHNOLOGY CORPORATION CORPORATION CALIFORNIA 1775 WOODSIDE ROAD REDWOOD CITY CALIFORNIA 94061
    (LAST LISTED OWNER) CISCO TECNOLOGY, INC. CORPORATION CALIFORNIA 170 WEST TASMAN SAN JOSE CALIFORNIA 95134

    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record KAREN MARIE KITTERMAN
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Affidavit Text SECT 8 (6-YR).
    Live/Dead Indicator LIVE

  58. Re:Looks great but by Anonymous Coward · · Score: 0

    Obviously it would be an i(Beowulf Cluster).

  59. vocaltec iphone ? by Anonymous Coward · · Score: 0

    us older folk remeber the VocalTec 'Iphone' for voip use in the mid to late 90s

  60. Go back to the PURPOSE of Trademarks by Sloppy · · Score: 1

    Ask yourself: might someone buy an Apple iPhone under the mistaken belief that they are buying a Cisco iPhone, and thereby get fooled, defrauded, and disappointed? Is Apple piggybacking on the reputation and publicity that Cisco built up?

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    1. Re:Go back to the PURPOSE of Trademarks by Anonymous Coward · · Score: 0

      You are neglecting the facts of this case. It is a fact that Cisco did not use the mark for five years. When the deadline for filing for an extension of the trademark registration (a registration made five years earlier by another company that Cisco then bought) had passed and the grace period almost ran out, Cisco submitted a registration extension application with a false affirmation that the trademark had been in continuous use. They even took a picture of an existing Cisco product and stuck a sticker with the name iPhone on the outside of the product's shrink wrap to bolster the false claim. Since registered trademarks are presumed valid, any company wishing to use the name for their phone product prior to last month would have been led by Cisco's false statement to mistakenly believe Cisco was using the trademark. Apple has been developing its phone product for more than 2 years. As for using another company's reputation, visit Cisco's website right now and see what company is trying to make use of another company's good name. It is apparent to me Cisco is trying to profit off Apple's good name and extensive advertising of Apple's great new product named iPhone. Cisco's trademark registration is invalid and any claims against Apple equally so. Cisco tried to game the trademark office and in doing so violated United States law. Cisco has no right to the mark since their acts with the registration illicitly prevented the mark being used by another company at times when it could have been (and that use, had it continued, would have legitimately prevented Cisco's sudden new use last month). It defies sense that Cisco should be rewarded for its bad behavior.

  61. Continuous Use by adambha · · Score: 1

    A glance at trademark laws makes this appear a simple case if you consider continuous use.

    They did not use the mark continuously. So, no go Cisco.

  62. IANAL by Suriken · · Score: 2, Interesting

    IANAL but... someone wrote on slashdot (and I'm trying to find it) who was a lawyer concerning this exact case. The facts I remember were that yes Cisco missed out on the trademark re-registration (or whatever it's called) last year, but those who do are given a 6 month grace period past that point in which to submit their application. Cisco did this approximately 2 months later (2 months into the 6 month period)
    Some other thing as well about the use of the trademark where Cisco submitted box art for an upcoming product (possible fraudulent?)
    I'm not too on-to-it with the facts. Still trying to find the source comment...
    EUREKA! I've got it. Thanks jmbehmke1 for all the info!

    --
    My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
  63. Re:I dunno... by A+beautiful+mind · · Score: 1
    Firemen.
    *spits parent poster in the face*

    Oh wait, you mean Firemen, not Fremen. I was kinda wondering how do laws apply to fictional nomadic people living on a desert planet.
    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  64. Re:I dunno... by iminplaya · · Score: 1

    I personally think the courts should go after them for that fraud. Before I reached these posts, I had just commented on the very subject.

    --
    What?
  65. The Treo does more. The iPhone does it better. by LKM · · Score: 1
    that's crap... the 650 does just about everything the iPhone will do...

    Okay, that's not what I said. Read what I wrote: "It's not even close to what the iPhone is doing interface-wise". The Treo probably has more features than the iPhone. It does just about everything the iPhone does, and more. The iPhone isn't interesting because of its feature set, but because of the interface which finally seems to put everything together in a way that doesn't feel like it was assembled using duct tape.

    I mean, the Treo 650's phone part is a Palm application, not an integral part of the Treo. There's not even preemptive multitasking. Most apps lose their state as soon as you leave them. There's very little integration between apps, and so on.

    Yes, the Treo does more than the iPhone. But the iPhone finally seems to do the things it does well and in an integrated manner.

  66. Does anyone else here by iminplaya · · Score: 1

    even have the most fleeting suspicion that this whole thing is maybe, possibly a not so secretive ad campaign? Could it be, dare I say it, a giant Troll? Well, all I can say (ok, maybe not ALL) is, good job, guys. Keep up the good work. You can expect a nice bonus next Christmas. In fact, you all look a bit tired. Why don't you take a couple of weeks off? I hear the snow is good in Colorado. The interns can handle it from here.

    --
    What?
  67. Re:Why is Apple "The good guys" ?? by z-kungfu · · Score: 1

    Bingo... yes they use DRM at the bequest of the labels, who are now trying to offer a product without so as to weaken iTunes and allow them to charge more... get with it already...

  68. Re:I dunno... by juiceCake · · Score: 1

    The iPhone reminded me of a newer and improved (in certain areas and specs) NeoNode, which was launched in July of 2004. Of course it's dated now, but it had what many consider to be "innovative" features then. Such considerations are, of course, relative. Of course, this system is open rather than closed.

  69. Yea or... by Anonymous Coward · · Score: 0

    Apple could just grow up and pick a 2nd choice.

  70. I'm reminded of Certain other heated by Cadallin · · Score: 1

    negotiations that took place between Nintendo and MGM, over the use of King Kong. Turns out Nintendo dropped a bomb at the end of that one with by announcing they weren't paying, then or ever, because MGM didn't own the rights to King Kong anyway! Woops.

  71. Sheesh. Linksys' own "purchase these items" link by David+Rolfe · · Score: 1

    Also related to this, and similarly amusing:

    http://www.linksys.com/servlet/Satellite?c=L_Promo tion_C2&childpagename=US%2FLayout&cid=116563331864 0&pagename=Linksys%2FCommon%2FVisitorWrapper

    The above page at Linksys has links at "where to buy" for Amazon... None of the nine products that come up use the word iPhone! So, Cisco is pimping their minion Linksys, and Linksys is pimping their "iPhone", but they aren't selling a product that has "iPhone" anywhere in its name and doesn't appear on any of the product shots -- except for the user photo linked to in the parent post. When did the word 'iPhone' first appear on a shipped Linksys product? Can anyone that's actually bought one give me a date? Is the December user-photo a forgery?

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  72. Hush Now! by CheeseburgerBrown · · Score: 1

    ...Or Jobs'll rub out your great-grandfather!

  73. Re:Name stealing nothing new. by soft_guy · · Score: 1

    it should be called a fucking Newton, and Steve Jobs can eat a bucket of shit and shoot himself in the head. John Sculley, is that you?
    --
    Avoid Missing Ball for High Score
  74. iphone is Maltacom's VOIP service in Malta by wolverine1999 · · Score: 1

    See here.
    It's Maltacom's voice over broadband service.

  75. Re:I dunno... by Deslack · · Score: 0

    What are you, blind? He spelt it correctly in the first place.

    --
    .sigs are useless; it doesn't protect you from imposters.
  76. Re:Why is Apple "The good guys" ?? by Macthorpe · · Score: 1

    I gave up saying this months ago.

    It still makes me cringe when someone says "Vista is crippled with DRM" when you can't even boot OSX on a computer that Apple didn't make. Not to mention FairPlay, which I was told doesn't count as DRM because "you can remove it easily".

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  77. Re:Why is Apple "The good guys" ?? by Anonymous Coward · · Score: 0

    That's not "flamebait", that's common sense.

    You've been modded down for Crimes Against Apple Groupthink. Don't you know Slashdot is an Apple fansite now? The only time there's a linux article is when it's negative -- and if the linux guys do something good, the first 10 posts will try to derail the conversation and direct it to Apple's involvement in said discovery or why the polio vaccine couldn't have been done "without the freedom and power of OS X" or something like that.

    They're an advertising company who also happens to make computer products.

    I was a switcher, I believed the shitheads on this site and got burned. Now I've switched back and I'm NEVER buying a Crapple product again. If I'm going to use closed-source software with numerous backdoors in it, I'm not going to marginalize myself on top of it all.

  78. Re:I dunno... by Anonymous Coward · · Score: 0

    Uh, how about the LG KE850?

    And the linux guys already have the multi-finger stretchy fingerpointing stuff.

    And Cisco has the iPhone name already, so Apple basically only innovated:
    * the advertising (the lawsuit with Cisco got them more free publicity than they could ever afford to pay for)
    * the lockin with iTunes at the expense of making it EDGE instead of much faster 3G (but which then would use Real),
    * the lockin with Cingular, which costs my brother $120 a month for pretty well basic features.

  79. Re:I dunno... by McFadden · · Score: 1
    Can you point me to some of the phones with those features, specifically a phone with an interface even close to what the iPhone has?

    Even close? Sure, I'd be delighted:

    http://www.engadgetmobile.com/2007/01/11/iphone-an d-lg-ke850-separated-at-birth/

    The url alone says it all - there's hardly even any need to click it. I think my point (although clearly not one grasped by the aforementioned fanboys who modded me a troll) is that it just beggars belief that someone can stand in front of an audience (albeit comprised of similar Apple worshipping fanatics) and claim that what their company is delivering is 5 years ahead of the competition without being laughed off the stage.

    I own a Mac Pro and an iPod. Apple make some sweet products. But this phone is the greatest example of style over substance that they've produced yet.