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Apple Unlikely To Go To Court In iPhone Trademark Dispute

Daniel Fleshbourne   on 12 January 2007 - 09:56 · 20 comments & 3978 views

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Apple is more likely to reach a deal with Cisco Systems than to risk losing a trademark suit over the use of the name iPhone, experts say. In going to court, Apple would have to spend a lot of money defending an arguably weaker position. "I'm 99% certain that this is going to end up a deal," Greg Gabriel, intellectual property attorney at the law firm Kinsella, Weitzman, Iser, Kump & Aldisert, says. "I'm virtually certain that this won't go to trial."

Indeed, Cisco, which sued Apple on Wednesday for allegedly infringing on the iPhone trademark Cisco has owned since 2000, said the companies had been in serious discussions during the last few weeks before Apple CEO Steve Jobs surprised the network-equipment company by announcing the iPhone at the Macworld conference on Tuesday. "I was surprised and disappointed when Apple decided to go ahead and announce their new product with our trademarked name without reaching an agreement," Mark Chandler, Cisco general counsel, said in a company blog. "It was essentially the equivalent of 'we're too busy.'" Apple stopped talking at 8 p.m. Pacific time on Monday, and didn't contact Cisco after the launch, despite the two sides being "very close to an agreement," Chandler said.

View: The full story
News source: CRN

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(4 replies) #1 C++ on 12 Jan 2007 - 10:03
Steve Jobs is an arrogant piece of **** of a man. How close to Bill Gates' $30 Billion US have you donated to charity, Steve? I hope this lawsuit echoes outside of court and creams his ****ing company's public image for at least 25% share value.
#1.1 mrmckeb on 12 Jan 2007 - 11:01
Hahaha
#1.2 +Smigit on 12 Jan 2007 - 11:49
while I dont agree 100%, but the decision to just stop talking to the trademark holders and announce a product that apparently breaches their trademark is certainly an arrogant move on their part.
#1.3 Swordnyx on 12 Jan 2007 - 15:47
Well you got Steve pretty much knocked down.
Bill Gates has 50 Billion now (after he threw over 40% to charity, and is continuing to!
Apple...3%...I'm sorry 2.7% of the market share. Nice.

And I also think that that was cruel of Apple to announce it without reaching the deal. I have many Apple products, so I'm not some Mac hater, but I hope Apple goes to court and loses. Then maybe they won't lie about their things so much.
#1.4 Unplugged on 15 Jan 2007 - 11:19
however much as you may hate the company I think it was great what he did.

Anyway you look at it $100 billion is more money that one family can ever possibly use in about 10 generations. Its great to see something good come out of microsoft even if they do use greed to fuel other areas of business.
#2 Tomo on 12 Jan 2007 - 11:12
To be honest I can see Apple fighting for this one as they have already made big announcements over the product and backing down now could be a big problem for them.
(4 replies) #3 pixels on 12 Jan 2007 - 11:45
Honestly, I think Cisco is being stupid. Sure, Apple announced the iPhone before Cisco had completely agreed to them using it, but they didn't RELEASE it as a product. Cisco's just being stupid about it. Don't get me wrong, Apple needs to license it, but Cisco didn't need to jump on it so quickly. They should have just finished the negotiations and gotten on with it.
#3.1 +Smigit on 12 Jan 2007 - 11:51
Perhaps but at the same time I can hardly see Apple just giving away the name had it been the other way around and Cisco was the one releasing the product. Hell this is the same company that has sued bloggers for reporting on their unannounced products when information was leaked to them.
#3.2 C_Guy on 12 Jan 2007 - 16:26
"Cisco didn't need to jump on it so quickly"

But they were in talks for months and, as the article states, Apple acted like it was "too busy" to reach an agreement before announcing that they were infringing on a trademarked name. Apple should have worked harder at reaching an agreement before announcing the name, I don't hink Cisco was unwilling to reach an agreement.
#3.3 kenboldt on 12 Jan 2007 - 17:56
Quote - (pixels said @ #3)
Honestly, I think Cisco is being stupid. Sure, Apple announced the iPhone before Cisco had completely agreed to them using it, but they didn't RELEASE it as a product. Cisco's just being stupid about it. Don't get me wrong, Apple needs to license it, but Cisco didn't need to jump on it so quickly. They should have just finished the negotiations and gotten on with it.

Apple has sued companies big and small for releasing any digital products with the word "pod" in the name, and they don't even have rights or trademarks to that word, after all, it is an English word many meanings. But you're right, Cisco is being stupid for not wanting another company to profit from something they actually own.
#3.4 pixels on 12 Jan 2007 - 21:32
Once again, I have no problem with a lawsuit, but I don't think it should have happened yet. There is no product on the market yet, and Apple is not profiting from it. I think it was a stupid move on Apple's part, but I think Cisco should have just continued the talks with them... If it broke down, by all means sue.
#4 +Raa on 12 Jan 2007 - 11:48
Didn't I say that a deal would be brokered?

They'd be crazy to duke it out!
(3 replies) #5 ChrisMZSA80 on 12 Jan 2007 - 12:19
Apple can't really go to court on this one; they *will* loose. I admit that Cisco's 'iPhone' release was almost certainly tactical, as there is legislation that can prevent people sitting on trademarks to hinder other businesses. As it stands; apples only real options are a deal (blank cheque to cisco anyone?! or to rename their product!

Chris
#5.1 MightyJordan on 12 Jan 2007 - 12:55
If Apple want to avoid this lawsuit, all they have to do is change the name of the product. Any ideas, anyone? Mac Mobile, and MacPhone spring into my mind.
#5.2 MysticSentinel on 12 Jan 2007 - 13:46
Quote - (MightyJordan said @ #5.1)
If Apple want to avoid this lawsuit, all they have to do is change the name of the product. Any ideas, anyone? Mac Mobile, and MacPhone spring into my mind.


How about the Apple iPod Smartphone or Apple iPod+Phone
#5.3 pixels on 12 Jan 2007 - 21:34
Too bad InfoGear (the original owners of the trademark) had already released a product of such a name in 1999 I believe... So nobody was sitting on the trademark. I think it's a stupid name for the product that Linksys is using it on, but whatever...
#6 Davo on 12 Jan 2007 - 14:55
Well in the snobbish world of Apple, anything goes apparently
(1 reply) #7 C_Guy on 12 Jan 2007 - 16:34
So the quesiton is, how many iPhones* does Stevie have to sell to be able to pay Cisco for the right to use their product name?

*iPhone is a registered trademark of Cisco... at least, for now.
#7.1 Chad on 13 Jan 2007 - 20:28
Quote - (C_Guy said @ #7)
So the quesiton is, how many iPhones* does Stevie have to sell to be able to pay Cisco for the right to use their product name?

*iPhone is a registered trademark of Cisco... at least, for now.


Perhaps. http://blogs.zdnet.com/Burnette/?p=236
#8 cantstopwontstop on 12 Jan 2007 - 20:27
Cisco has to hold out and suck Apple as much money as they can because the iPhone we know will sell very well.


Why doesnt Apple just switch the name? iTalk I believe is not taken.

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