The company aims to stop Apple from infringing upon their registered trademark

Jan 11, 2007 07:59 GMT  ·  By

When Linksys launched their iPhone just before the launch of Apple's phone, everyone expected the Apple phone to adopt another name, truly believing that, because Cisco owned the iPhone trademark, it was in no way possible for Apple to release a mobile phone going under the same name.

But most people were surprised when they found out that Apple was not going to release their product under a different name, and everyone assumed that they must have reached some sort of agreement with Cisco.

When Cisco even announced that they have been in "extensive discussions" with Apple and said that "it is our belief that Apple intends to agree to the final document. We expect to receive a signed agreement today (Tuesday).", everyone was pretty much relieved.

Apparently, the "extensive discussions" didn't lead to what any of us expected, because Cisco has recently filed a lawsuit in the United States District Court for the Northern District of California against Apple, aiming to prevent Apple from infringing upon and deliberately copying and using Cisco's registered iPhone trademark. Truth be told, Cisco has obtained the trademark in 2000, so the lawsuit against Apple can't really be considered unreasonable.

"Cisco entered into negotiations with Apple in good faith after Apple repeatedly asked permission to use Cisco's iPhone name," said Mark Chandler, senior vice president and general counsel, Cisco. "There is no doubt that Apple's new phone is very exciting, but they should not be using our trademark without our permission."

While Cisco obviously has a point, and has owned the trademark since long before Apple released any "i" products, at first thought it seems curious how they decided to wait until after the presentation of Apple's iPhone to actually sue them. After obtaining the trademark in 2000, why would they wait until Apple iPhone rumors started appearing, which is 6 year later, to actually release a product with the same name?

On the other hand, according to Cisco, Apple decided to go ahead with the announcement of their phone even though knowing that they hadn't reached an agreement. Although everyone hopes the two companies will find a way to settle this once and for all, we'll just have to wait and see what will happen in the end.