It was bound to happen, and by now Apple is probably used to dealing with lawsuits. This time it’s Cisco and the riled, rowdy, router-maker is going after Apple for trademark infringement over use of the name iPhone.
Cisco announced today it has filed a lawsuit against Apple Inc. in an effort to stop the iPod-maker from “deliberately copying and using Cisco’s registered iPhone trademark,” as the press release says.
“Cisco entered into negotiations with Apple in good faith after Apple repeatedly asked permission to use Cisco’s iPhone name,” said Mark Chandler, Cisco’s senior vice president and general counsel. “There is no doubt that Apple’s new phone is very exciting, but they should not be using our trademark without our permission.
Cisco owns the trademark for iPhone (since 2000) after purchasing a company called Infogear, a company that sold “iPhone products” for many years. Infogear was the earlier owner of the trademark, with its original filing for the name back in March of 1996.
In an email sent to ZDNet who earlier reported the Cisco trademark would not be an issue for Apple, a Cisco spokesperson wrote: “The fact is that we have not received the approved agreement back from Apple as late as this morning…”
Now, Cisco is looking for injunctive relief to stop Apple from copying the trademark.
The news doesn’t come as a huge surprise to anyone with their head buried in the tech dirt, and I think the lawsuit is entirely designed so that Cisco can ride the coat tails of Apple’s already enormous success with its announcement of the BlackBerry rival phone.
According to CNN, Cisco expects Apple will sign a deal to use the name, as Cisco says it has been talking with Apple for several years about this very issue.
But Apple isn’t stupid, and this PR stunt will likely be smoothed over before most people ever hear about it. I don’t see this being that lipstick stain on the collar of the big Mac Daddy that could end its new marriage with the cellular world.
But as it’s becoming increasingly evident in the tech world these days, if you can’t beat ’em, sue ’em. That way, you can at least take them for 50 per cent of what they’re worth.
