Legal Loopholes May Cost Cisco Claim To iPhone Name In Europe


The Register hones in on the repercussions of a podcast, broadcast on OUT-LAW Radio, which claims Cisco could lose the rights to the iPhone trade mark in Europe. This would be a hard blow for Cisco, which has sued Apple over the use of the iPhone name for its new smart phone unveiled at CES. Cisco was first thought to hold absolute rights to the name in the U.S. and Europe (Apple reportedly owns the trade mark in Australia), however a representative of the law firm behind OUT-LAW.COM pointed out in the podcast that a legal loophole could effectively strip Cisco of its European rights. In Europe, a person can lodge a revocation application against a trade mark registration if the trade mark has not been used for the past five years. This was precisely the action taken by the German law firm, CMS, on 18 December 2006, the same day Cisco launched the iPhone.

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