CISCO-APPLE DISPUTE ON IPHONE NAME INVOLVES TRADEMARK KINKS

摘要

There are more layers of complexity than meet the eye in the Cisco trademark case against Apple, making it anything but an open & shut case, several prominent intellectual property attorneys told us. Still, most agree there will be pressure on Apple to settle with Cisco eventually. Cisco filed suit in U.S. Dist. Court, San Francisco, claiming the iPhone name violates the trademark it has owned since its 2000 acquisition of Infogear, which held the U.S. trademark. This is a very clear violation of Cisco's trademark, said Ted Claypoole, an intellectual property lawyer. Trademark law is straightforward, he said: 揑f you're holding [a mark], and have an intent to use, you win.?Not so fast: Apple hasn't violated any trademarks yet, said Tris Fall of Fox Rothschild, because 搚ou don't have infringement until you have a sale." More to the point, 搃Phone?is a very generic term to trademark, akin to 揺-mail,?Fall said. 揟hey're selling an Internet phone, and calling it 慽phone,挃 he said. nnCisco was open to negotiations and made that clear, a company spokeswoman told our affiliate Communications Daily. 揂pple approached us many times,?acknowledging the trademark, she said. She added that Cisco 揳ppreciates?the Apple product, and that the suit isn't about money or the phone, but 損rotecting our brand.?Several sources said both companies are simply jockeying for position in negotiations -- Apple by announcing the product before it had a licensing deal and Cisco by filing suit before infringement -- and plan to settle. Both the Apple announcement and the Cisco suit seem to have been 揹one for publicity,?Fall said, because both companies must have known the complicating legal factors in their positions. 揋enerally, knowing the history of these 2 companies, there would likely be a settlement,?Claypoole said, adding he wouldn't be surprised if Apple CEO Steve Jobs uses this opportunity to 揷reate a deeper business relationship?between the companies.