Forums: Discussions for entrepreneurs and small business.

Apple and Cisco are doing battle over use of the term "iphone."  The news reports are that Cisco has a trademark registration and that Apple is basically arguing that the term "iphone" CAN`T be registered and function as a trademark because it is "generic."  If Apple prevails, though, Apple will not be able to exclude others from also calling their phones an "iphone" since generic terms can be freely used to describe the goods being sold.  Should be interesting.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Does Cisco actually have to make an iPhone to hold on to the name?

and what stops people from simply trademarking everything , like domain names?
iBroom, iClock, iCar, iCow

iDon`tknow?

james,

as always, great update. this will be very interesting - two titans clashing and a ripple effect that you clearly articulated.

maybe startupnation will be able to create a branded cell phone called the SUN iPhone?!


-------------------------

Rich Sloan , Co-Founder, Chief Startupologist, StartupNation

Rich - that`s a great idea - hire me as your lawyer when you do

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

yes, there is a "use" requirement to maintain trademark rights.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

I did not know that there was an use requirement. That means anyone who developes a name is not protected unless it is attached to a product with a patent. Hmmm! Interesting.

I actually have a Cisco iPhone in my basement.  It was part of signing up to be a Big Planet independent rep.

It was one of the first telephones that could surf the web.

 

-------------------------

Scott Watson.::.

Acme Data Online Backup Service     

Don`t Wait Until It Is Too Late To Recover Your Data

It seems like Apple is arguing something like "iphone" is kind of like "internet phone" and nobody [inlcuding themselves] can exclude others from selling an internet phone. 

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Anyone who developes a trademark is not "protected" unless the trademark is attached to a product or service - there is nothing to protect because the trademark is nothing more than an indicator of the source of those products or services.  The trademark words are not, in and of themselves, capable of being owned by anybody.  No product or service - no trademark.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

iPhone is already in use as a name and phone!

The Globe and Mail (one of Canada`s national newspapers) reported earlier this week that a Toronto company already has a claim on the iPhone name.

Now we have two Goliath’s and a David.  So do we change the Forum topic title?


-------------------------

Daniel the Denim Doctor