Seeing as how Googling iPhone -Apple -Cisco returns around 2 million results, I think it's safe to say that Cisco won't likely win a court battle.
Having a registered trademark isn't like a patent: you have to actively enforce trademarks in order to protect them, which they clearly haven't with any iPhone other than Apple's.
Further hurting their case is that trademark law is almost exclusively focused on protecting the consumer. In other words, trademark violations are only problematic in-so-far as a consumer would genuinely be confused. Therefore, even though Apple just announced the iPhone, since people were openly calling their phone the iPhone for months (years?), they likely have a stronger claim to the name. Instances like whatever blog it was that preannounced Cisco's iPhone as "the iPhone," where people assumed it would be the Apple iPhone, likely play to Apple's favor. The part where they had to emphasize that they did, in fact, own the trademark, also don't help.
Of course I'm no expert at law, though :P I'd be interested in shawnj's or melgross' opinions.
Over on another site I saw something about future convergence: Apple's phone may take on VoIP and the Cisco (too close to Crisco) phone might take on cel capabilities, thus it being problematic.
If I were Apple I would change the name to iPod phone. Everyone will call it an iPhone. Cisco may own the trademark but that'll be a hollow victory as everyone will associate the iPhone with Apple.
Very good point. Did you hear Job's comment about they patented the iPhone's cool bits and they will protect the patent?
What he said was that the touch screen aspect was patented by Apple and the phone is covered by 200 other patents. That doesn't mean they are all apple patients. In fact there is no way they can be. For example email on your phone is covered by another company. Apple would have to license that from them.
i think Apple will change the name of iPhone. I think they just used that for now because everone is expecting it to be called iPhone. I also think that the Cisco lawsuit is designed not to defend their trademark, but for the free publicity for their phone.
Eventually I think we'll hear that Apple changed the name, when everyone is familiar with thier product.
Seeing as how Googling iPhone -Apple -Cisco returns around 2 million results, I think it's safe to say that Cisco won't likely win a court battle.
Links from Google to stories about this has no relation to the efficacy of a trademark claim. That being said, I think Apple will settle with Cisco, since Cisco will be the ones who end up looking like dummies. Cisco's plan to get some publicity out of this will backfire.
I voted for the second option because I think that Apple should move away from the "i" stuff. I don't really like it. I feel pretentious when I have to use, but that's me. I think Apple will go with the first option though. They will keep the name and fight for it. I think that they will win with an out of court settlement like with Creative (that was out of court right?).
Comments
Having a registered trademark isn't like a patent: you have to actively enforce trademarks in order to protect them, which they clearly haven't with any iPhone other than Apple's.
Further hurting their case is that trademark law is almost exclusively focused on protecting the consumer. In other words, trademark violations are only problematic in-so-far as a consumer would genuinely be confused. Therefore, even though Apple just announced the iPhone, since people were openly calling their phone the iPhone for months (years?), they likely have a stronger claim to the name. Instances like whatever blog it was that preannounced Cisco's iPhone as "the iPhone," where people assumed it would be the Apple iPhone, likely play to Apple's favor. The part where they had to emphasize that they did, in fact, own the trademark, also don't help.
Of course I'm no expert at law, though :P I'd be interested in shawnj's or melgross' opinions.
Cisco is twice as big as Apple, so they can't buy 'em.
Option 5: Cisco buys Apple... Gameover
That'll never happen 8)
Sebastian
http://www.amazon.com/iPhone-Skype-R...&s=electronics
I wonder if Apple may actually be able to keep the name afterall.
Seeing as how Googling iPhone -Apple -Cisco returns around 2 million results, I think it's safe to say that Cisco won't likely win a court battle.
Judges often decide cases based on Google search results.
I wish Apple fanboys would learn when to shut the hell up.
Cisco is twice as big as Apple, so they can't buy 'em.
Of course the can. Or could, if they had had sufficient cash. Somehow I don't think their 10 billion dollar warchest is enough.
There's no need to pay in stock.
Very good point. Did you hear Job's comment about they patented the iPhone's cool bits and they will protect the patent?
What he said was that the touch screen aspect was patented by Apple and the phone is covered by 200 other patents. That doesn't mean they are all apple patients. In fact there is no way they can be. For example email on your phone is covered by another company. Apple would have to license that from them.
Eventually I think we'll hear that Apple changed the name, when everyone is familiar with thier product.
I suggest lifePod.
Apple will pay a big ole settlement, we'll never know how much, and then the thing will be cellular, Skypeable, SMSable and iChatable.
--B
Judges often decide cases based on Google search results.
I wish Apple fanboys would learn when to shut the hell up.
I wish global moderator's with no concept of trademark law would shut the hell up, or at least, obey their own posting guidelines
There's four iPhone's on the market. Apple's will be the fifth. You can't selectively protect your trademark from certain companies.
Seeing as how Googling iPhone -Apple -Cisco returns around 2 million results, I think it's safe to say that Cisco won't likely win a court battle.
Links from Google to stories about this has no relation to the efficacy of a trademark claim. That being said, I think Apple will settle with Cisco, since Cisco will be the ones who end up looking like dummies. Cisco's plan to get some publicity out of this will backfire.
I wish global moderator's with no concept of trademark law would shut the hell up, or at least, obey their own posting guidelines
There's four iPhone's on the market. Apple's will be the fifth. You can't selectively protect your trademark from certain companies.
Don't take it personally, I got called a fanboy once to.