Cisco Lawsuit "Tenuous"

A trademark is issued within particular, well defined, categories or classifications of goods and/or services and not across all goods and/or services.

The current trademark infringement case filed by Cisco against Apple regarding the use of iPhone trademark is a terrific case-in-point for filing for trademark status within an accurate classification of the goods and/or services. A trademark is registered for protection for a particular good and/or service only. A trademark is issued within particular, well defined, categories or classifications of goods and/or services and not across all goods and/or services. In other words, identical trademarks can be issued under two totally different classifications and not infringe on each other.

In the case of the Cisco iPhone trademark, it was issued under IC 009 Electrical and Scientific Apparatus: The iPhone trademark owned by Cisco further defines the classification as "computer hardware and software for providing integrated telephone communication with computerized global information networks".

This is an entirely different classification than the trademark classification for a cell phone which would issue under IC 038 Communication which includes but is not limited to: Internet telephony services; voice over internet protocol services; cellular and mobile telephone services, and other wireless internet connectivity and media services; prepaid cellular, wireless, voice over internet protocol, mobile, and other multimedia wireless services; calling card and debit card services.

Ironically, the trademark of "XTREME IPHONE" is currently filed under the IC 038. COMMUNICATIONS classification with ownership identified as XTREME MOBILE LLC LTD LIAB CO NEW YORK 50 Main Street White Plains NEW YORK 10606

In any case, the Cisco trademark falls with in the class of computer hardware and does not preclude use of the iPhone trade mark for cellular phones. It is clearly a case of Apples and Cisco oranges. Or would that be "sour grapes".