A Canadian telecommunications company has sent Cisco Systems a letter of warning alleging the networking giant is stepping on its use of the iPhone brand.
"We recently became aware of Comwave and we're investigating the issue thoroughly," said Cisco spokesman John Noh.
Comwave, the second largest VoIP service in Canada, has been using the iPhone name for the service since 2004.
"Our legal department has put Cisco on notice," said Yuval Barzakay, president of Toronto-based Comwave. "We will see how they react and then gauge our next action."
Comwave does not hold a registered trademark for iPhone, but has filed an application for one. The Canadian Intellectual Property Office bases its trademark awards on such issues as who was first in using the brand name in Canada or in applying to register the name, say experts in the trademark registration field.
"There has been a Comwave iPhone for years, and, (according to)Canadian law on first use, iPhone is ours," Barzakay said.
Cisco began shipping iPhone VoIP devices worldwide last year and accelerated its global marketing campaign when it introduced two new iPhone products last month, Noh said. Previously, iPhone was sold by Infogear, which Cisco acquired in 2000. It is not clear whether the Cisco's iPhone products were only sold in the U.S., or in Canada, as well.
In 2004, Apple filed an application for use of the name iPhone with the Canadian Intellectual Property Office. And within several months, Comwave filed a motion to oppose that application, Barzakay said.
Canadian trademark experts note it will likely take another two to three years before the Canadian Intellectual Property Office awards the trademark.
"I find it peculiar that Apple would launch a flagship product without securing its own trademark first," Barzakay said. "They certainly could have used a lot of other names."
In its U.S. lawsuit, Cisco alleges Apple debuted its iPhone mobile device, even though it had warned the computer maker it would infringe on Cisco's trademark for its VoIP phones. Apple is planning to ship the iPhones in June.
The worse that could happen is Cisco to lose the iPhone trademark *in Canada* only. As the article mentions, Comwave had not registered the trademark in Canada or elsewhere.
The most likely scenario is Cisco will settle with Comwave for the rights to use the name in Canada.
It's bad news for Apple, because they now have to fight (or make deals) with both Cisco *and* Comwave, in the US and in Canada.
Didn't Apple research the name before deciding to use it? Unlike in Canada, iphone is a registered trademark in the US, and has been so for over a decade.
So... Apple will now have to fight Cisco and Comwave to use the name they have decided to steal from two other companies.
The article says it may take up to two years for this to be resolved, which will definitely eliminate Apple's ability to sell the product in Canada until this is resolved. If they do try to sell the iPhone in Canada, then Comwave can sue Apple for all sales made in that country plus damages. This could be very very expensive for Apple if they continue this path of self destruction.
... let all companies that are using it (about a dozen), just keep using it.
To distinguish them from each other, they and new publications can just say the Apple iPhone or the Cisco iPhone or the Comwave iPhone or the Cidco iPhone, etc, etc.
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Found the Comwave site and one other. As well as an article by a college student.
The bottom line...
Cisco can loose the trademark because they didn't try to protect it.
And the courts can decide that no one can have the trademark.
Can you say Kleenex?
The most likely scenario is Cisco will settle with Comwave for the rights to use the name in Canada.
It's bad news for Apple, because they now have to fight (or make deals) with both Cisco *and* Comwave, in the US and in Canada.
Didn't Apple research the name before deciding to use it? Unlike in Canada, iphone is a registered trademark in the US, and has been so for over a decade.
The article says it may take up to two years for this to be resolved, which will definitely eliminate Apple's ability to sell the product in Canada until this is resolved. If they do try to sell the iPhone in Canada, then Comwave can sue Apple for all sales made in that country plus damages. This could be very very expensive for Apple if they continue this path of self destruction.
using it.
To distinguish them from each other, they and new publications
can just say the Apple iPhone or the Cisco iPhone or the Comwave
iPhone or the Cidco iPhone, etc, etc.