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Cisco vs Apple: Who has rights to iPhone?

This is something you rarely get a chance to hear about, a leader in the industry scrambling to create a product to keep a competitor at bay.

This is something you rarely get a chance to hear about, a leader in the industry scrambling to create a product to keep a competitor at bay. Reports state that in 2005 or early 2006 Cisco was not using iPhone which was found publicly available from the US Patent office. In 2006 Cisco failed to show continous use of the name iPhone and did not actively have a product named iPhone between 1999 and December 2006. Since the company found out that Apple was interested in the name, Cisco filed a Declaration of Use on 5/4/2006 days shy of the expiration and submitted a picture of a box with one sticker of the word iPhone affixed to the back of it for the Linksys iPhone CIT200 which kept their registration active. The word iPhone was stated to have only appeared in December 2006 and was not mentioned or found in any reviews online or elsewhere. The CIT200 was later relauched December 18 with the name iPhone.

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 cancelled. This will be a done deal if Apple finds Cisco to be trying to 'cook something up' to prevent the company from taking over the name.

"The Declaration of Use was submitted only days before the deadline expires; [this] gives me the impression that they [Cisco] were scrambling to get a product to market, and had to file the Declaration before the product was ready", states Jay Behmke, a trademark law specialist.

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