Apple's 'iPhone' problems in Canada
updated 09:50 pm EST, Thu January 25, 2007
Apple's 'iPhone' problems
Apple could face yet another lawsuit over the use of the iPhone moniker for its forthcoming "revolutionary" mobile phone. Announced earlier this month, Apple apparently snubbed a protracted period of good-faith negotiations with Cisco, by announcing the product at Macworld Expo with a US launch date of June. A new report says that Apple will likely face iPhone branding problems in Canada as well. Bloomberg reports that Comwave Telecom has used the iPhone brand since 2004 to sell Internet phone service to its customers and filed documents opposing Apple's motion to take the name. Despite reports on Thursday that confirmed Rogers Wireless would serve as the sole provider for Apple's iPhone in Canada, the company has not formally announced plans to ship the iPhone in Canada.
Responding to the possible iPhone naming controversy in Canada, the Cupertino-based company said that it had "nothing to announce at this time" about plans to sell the phone in Canada and declined to comment further.
Company president Yuval Barzakay said in an interview yesterday that his closely held company of about 100 employees plans to fight for its rights. He, however, declined to say how many customers the Toronto-based company has or disclose its revenue, according to the report.
"It's a crucial brand for us," said Barzakay, 36. "Our legal folks believe we're certainly in the driver's seat." Until Apple offers the iPhone in Canada, Comwave has no reason to claim damages, he told Bloomberg.
With current challenges from LG's Prada mobile phone and possible competition from Google and Samsung, Apple's naming troubles could have been easily avoided. Cisco CEO John Chambers described the company's lawsuit against Apple as a "minor skirmish," saying that the iPhone name-related confrontation could have been avoided if Apple had been willing to negotiate. Cisco owned the 'iPhone' trademark since 2000 when it acquired a firm that had registered the name, but waited to use the name until it launched a Linksys-branded product.
"We told Apple for five years, 'This is our trademark. We'll license it to you, but it is ours,'" Chambers said. "All we ask is that people respect our trademarks and our intellectual property. We would have traded that for just interoperability, or the ability of the Apple phone to work smoothly with Cisco products."
'could have easily been
01/26, 09:24am reply
avoided'
yes, if Apple had just caved.
The Canadian claim on iPhone sounds much more substantial than Cisco's, which is quite weak.
I think Apple (Jobs) is calculating that Cisco's claim will not be upheld in court, while the Canadian company is small enough that it can either be bought off or crushed with an army of lawyers.
climacs
Fresh-Faced Recruit
Joined: Sep 2001
internet-Phone
01/26, 10:23am reply
Both the claims are for internet-based phone products. I think Apple hopes that it will prevail based on the fact that the Apple iPhone is a cellular phone.
ClevelandAdv
Fresh-Faced Recruit
Joined: Jul 2004
i Everthing
01/26, 11:09am reply
Is there such a thing as prior art in trade marks? If so Apple has been doing the iEverything for a while now IE iMac, iPOD, iCEO. I was Apple I would claim that they were squatting similar to people grabbing domains so that they can extort money from companies.
jstephe
Fresh-Faced Recruit
Joined: Feb 2006
Who are these guys?
01/26, 11:58am reply
How can it be important for them if nobody has heard of their company let alone their product?
aristotles
Senior User
Joined: Jul 2004
iPhone rename
01/26, 12:38pm reply
I'd just rename it and laugh all the lawsuits off.
burger
Junior Member
Joined: Sep 2000
yup, rename
01/26, 01:31pm reply
How about WiiPhone... just kidding.
aPhone bPhone cPhone dPhone fPhone...
zPhone (Schwarzenegger's version for "the phone")
trbgln
Fresh-Faced Recruit
Joined: Oct 2003
re: Internet-phone
01/26, 07:59pm reply
" I think Apple hopes that it will prevail based on the fact that the Apple iPhone is a cellular phone."
Untill the phone starts supporting things like Skype for Voip stuff.
Sebastien
Forum Regular
Joined: Apr 2000
Genius? r*****?
01/27, 05:45am reply
Apple strikes me as one of those who is so much a genius they also border on being a r*****. This iPhone name thing really demonstrates that. Drop the iPhone name, call it something ELSE, but check first with the trademark office before releasing it to the world. Gawd Apple, get some frickin' business sense. Apparently that dinky company in Canada has.
Sprocket
Fresh-Faced Recruit
Joined: May 2002
Your right
01/29, 10:09am reply
Apple will rely on the fact that the other iPhones are VOIP and they've signed on with cellular providers. There is a big difference, and Apple won't make a Skypeable phone because no one would use it. People WILL use a phone with Cingular or Rogers wireless, however.
ibugv4
Fresh-Faced Recruit
Joined: Jun 2003
Skypable Phone?
01/29, 11:14am reply
I disagree about a "skypable" phone. It would work as a software addition, like iChat, etc.
ronjamin
Baninated
Joined: May 2002