iphone - Apple vs Cisco

patentandtrademark

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.

Rich

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?!

patentandtrademark

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

patentandtrademark

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

TheBackupMan

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.
 

patentandtrademark

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. 

patentandtrademark

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.

patentandtrademark

it sounds like there may be serveral other parties by the time the matter is settled!

Draven

Anyone who developes a trademark is not "protected" unless the trademark is attached to a product or serviceWhere does the line get drawn between what`s a product or service and what`s not?  For instance, I have a blog and although I don`t currently sell anything, or even have any ad revenue (yet), I hope the information will be a valuable service now and in the future to the readers.  Can I trademark the name?Thanks!Josh Nankivelhttp://www.PMStudent.com

patentandtrademark

I don`t know if having a blog up actually constitutes sufficient use for registration.  I would need to research that if it ever actually came up for a client.  One could always consider intent-to-use. 
 

sallygray

I have some confusion about patents, trademarks and copywrites.
Regarding products, ideas, names of businesses or products ... which is
which? If  you had a business and you wanted to sell franchises,
what would you have to do?  Once a business gets started, is there
a way to protect your idea so that you could prevent others from
"stealing" it? Thanks!

Draven

sallygray, Check out StartupNation`s 10 Steps to open for business http://www.PMStudent.com
Draven2007-1-23 22:53:25

patentandtrademark

Planning is key in these areas.  The best single bit of advice I can offer is to build a relationship with an attorney that works in intellectual property and franchise law.  The proverb about an ounce of prevention being worth more than a pound of cure is very applicable.
Ideas, in and of themselves, are worthless.  Ideas take on value when the client takes affirmative steps to protect and use them.