more on Cisco Sues Apple for IPhone Trademark Infringement (U

[David Farber <dave () farber net>]

Cisco Sues Apple for IPhone Trademark Infringement (Update1)
2007-01-10 18:17 (New York)


     (Adds background starting in third paragraph.)

By Ari Levy and Susan Decker
     Jan. 10 (Bloomberg) -- Cisco Systems Inc. sued Apple Inc.
over the use of the iPhone name, setting up a trademark battle a
day after Apple Chief Executive Officer Steve Jobs introduced the
new mobile device.
     Cisco filed suit in the U.S. District Court for the Northern
District of California, seeking to prevent Apple from using the
iPhone name, according to a statement today. Cisco, based in San
Jose, California, has owned the iPhone trademark for six years.
     The companies have been negotiating over the rights to the
name for the past few years without reaching an agreement, Cisco
said yesterday. Pressing ahead without sealing rights to the name
surprised trademark lawyers, who said Apple may be opening itself
up for legal action. Cisco released a cordless Internet-based
phone under the same name less than a month ago.
     ``I can't believe Apple would do this kind of launch with
this kind of risk,'' said Andrew Baum, a trademark lawyer with
Darby & Darby in New York. He spoke before Cisco filed its
lawsuit. ``It's quite unusual for a major product launch to be
made with any trademark challenge hanging over it.''
     Cupertino, California-based Apple has asked Cisco several
times in recent years to be allowed to use the name, Cisco said.
Discussions recently heated up and Cisco said yesterday that it
sent final documents to Apple on Jan. 8. It hadn't received a
reply as of yesterday, Cisco spokesman John Noh said.
     Phil Schiller, Apple's head of worldwide product marketing,
said yesterday that this was the first use of the name as a cell
phone, whereas Cisco's device is a cordless phone.

--Editor: Sondag (ekm)

Story illustration: To compare Cisco's stock with the Standard &
Poor's 500 Index, see {CSCO US <Equity> COMP SPX <GO>}. For
Cisco's sales by product, see {CSCO US <Equity> DES6 <GO>}.

To contact the reporter on this story:
Emma Moody at +1-212-617-3504 or
emoody () bloomberg net.

To contact the editor responsible for this story:
Emma Moody at +1-212-617-3504 or
emoody () bloomberg net.

[TAGINFO]

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-0- Jan/10/2007 23:17 GMT


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