1/10. Cisco Systems filed a complaint in U.S. District Court (NDCal) against Apple alleging trademark infringement and other claims in connection with Apple's use of the term "iPhone" for its new product that combines a cell phone, music player and other functions. Cisco holds a U.S. trademark registration for iPhone for an internet telephony device.

See, U.S. Trademark Registration No. 2,293,011, for "IPHONE", for "computer hardware and software for providing integrated telephone communication with computerized global information networks". It lists Cisco as the current owner, March 20, 1996, as the filing date, and November 16, 1999, as the registration date.

This and other trademark information can be located with the U.S. Patent and Trademark Office's (USPTO) Trademark Electronic Search System (TESS).

On January 9, Steve Jobs, CEO of Apple, announced the new Apple product, and name, at the Macworld Conference & Expo.

Apple also stated in a release on January 9, 2007, that "Apple® today introduced iPhone, combining three products -- a revolutionary mobile phone, a widescreen iPod® with touch controls, and a breakthrough Internet communications device with desktop-class email, web browsing, searching and maps -- into one small and lightweight handheld device." Apple added that "iPhone plays the same videos purchased from the online iTunes® Store".

This release asserts no U.S. trademark for iPhone. Nor does a search of trademark registrations with the USPTO's TESS reveal a U.S. trademark registration by Apple for iPhone.

Cisco stated in a release that "Cisco obtained the iPhone trademark in 2000 after completing the acquisition of Infogear, which previously owned the mark and sold iPhone products for several years. Infogear's original filing for the trademark dates to March 20, 1996. Linksys, a division of Cisco, has been shipping a new family of iPhone products since early last year. On Dec. 18, Linksys expanded the iPhone® family with additional products."

See also, Linksys's iPhone web site.

Cisco's complaint states that "Apple's use of ``iPhone´´ in its product promotion and advertising at Macworld constitutes the use in commerce of a colorable imitation, copy and reproduction of Cisco's iPhone mark. Upon information and belief, the two marks will share an identical sight and sound and a strong similarity of meaning. Apple’s use of ``iPhone´´ for a cellular and internet phone device is deceptively and confusingly similar to Cisco’s long-standing trademark for an internet-based telephony device."

The complaint also states that "Apple first approached Cisco in 2001 about the possibility of acquiring or licensing the rights to iPhone. Apple has continued making such requests to Cisco through the present, including several times in 2006. Each time, Apple was told that Cisco was not interested in ceding the mark to Apple."

The complaint also alleges that Apple has recently engaged in a "surreptitious effort" to obtain rights to iPhone. It alleges that an Apple alter ego, Ocean Telecom Services LLC (OTS), filed an application in March of 2006 in Trinidad and Tobago (T&T). OTS then filed an intent to use application in the U.S. in September claiming a priority date based upon the T&T filing date. The complaint further states that Apple filed an application to register the trademark in Australia in September.

The complaint states that OTS's application "is being held up in the United States Patent and Trademark Office because Cisco already has a registration for the same mark".

Count I of the complaint alleges trademark infringement in violation of 15 U.S.C. § 1114.

Section 1114(a) provides as follows:

"(1) Any person who shall, without the consent of the registrant --
   (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
   (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
   shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive."

Count II alleges unfair competition in violation of 15 U.S.C. § 1125(a).

1125(a) provides as follows:

"(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which --
   (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
   (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
   shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act."

Count III alleges unfair competition in violation of California Business and Professions Code § 17200.

Count IV alleges false description or representation of such business or products in violation of 15 U.S.C. § 1125(a).

Count V alleges common law injury to business reputation.

Cisco seeks an injunction against Apple's use of the iPhone mark, or any colorable imitation. Cisco also seeks damages, costs and attorneys fees. Cisco also seeks an order compelling Apple to deliver for destruction all containers, labels, signs, prints, packages, wrappers, receptacles, advertising, and promotional material bearing the mark.

Cisco is represented by Michael Kahn of the law firm of Folger Levin & Kahn.

Apple did not immediately return a phone call from TLJ.

This case is Cisco Systems, Inc., Cisco Technology, Inc., and Cisco-Linksys LLC v. Apple, Inc., U.S. District Court for the Northern District of California, D.C. No. C 07 0198 MHP, Judge Marilyn Patel presiding.

1/12. Neil Fried was named senior Republican counsel for telecommunications for the House Commerce Committee (HCC). He has worked for the HCC since 2003.

1/12. Joseph Palmore was named Deputy General Counsel at the Federal Communications Commission (FCC). He will replace Eric Miller, who will go to work for the Department of Justice's (DOJ) Office of the Solicitor General (OSG). Palmore has worked at the FCC since October of 2005. Before that, he worked for the law firm of Sidley Austin.

1/11. Louis Freeh and Robert Woodson were appointed to the Department of Homeland Security's (DHS) Homeland Security Advisory Council (HSAC). See, DHS release.

1/8. Doug Brent was named Chief Operating Officer of the Internet Corporation for Assigned Names and Numbers (ICANN). He was previously CEO of Packet Design Inc. See, ICANN release.

1/12. The Federal Communications Commission (FCC) released a second version of its quarterly report [PDF] titled "Report on Informal Consumer Inquiries and Complaints: 3rd Quarter Calendar Year 2006". The FCC published the first version of this report in its web site in late 2006, but promptly withdrew it from the web site.

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The House will meet at 9:00 AM for legislative business. It will consider HR 4, a bill related to prescription drugs. See, House Majority Leader's weekly calendar [PDF].

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Legislative and Mass Media Practice Committees will host a brown bag titled "Media Ownership Issues in the 110th Congress". For more information, contact Amy Levine at amy dot levine at mail dot house dot gov or 225-3861. Location: undisclosed.

2:30 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Vannevar Bush Award Committee will hold a closed meeting. The NSB's web site states that this is awarded for "public service activities in science and technology". See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Page 77071. Location: teleconference and NSF, 4201 Wilson Blvd., Arlington, VA.

5:00 PM. Deadline to submit requests to the Copyright Office (CO) to participate in the January 31, 2007, meeting of the Section 108 Study Group in Chicago, Illinois. See, 17 U.S.C. § 108 and notice in the Federal Register, December 4, 2006, Vol. 71, No. 232, at Pages 70434-70440.

EXTENDED FROM DECEMBER 15. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) to assist the Wireless Telecommunications Bureau (WTB) in drafting a report on the ability of persons with hearing disabilities to access digital wireless telecommunications. This proceeding is WT Docket No. 06-203. See, original FCC Public Notice [4 pages in PDF] (DA 06-2285) and Public Notice (DA 06-2498) extending deadlines.

Martin Luther King's Birthday.

The House will not meet. The Senate will not meet.

The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays and 5 U.S.C. § 6103.

The National Press Club will be closed.

Deadline to submit comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding its Preliminary Task Force Report on WHOIS Services [55 pages in PDF]. See, ICANN release.

The House will meet at 12:30 PM for morning hour and at 2:00 PM. for legislative business. It will consider several non-technology related items under suspension of the rules. See, Majority Leader's calendar [PDF].

The Senate will meet at 1:00 PM. It will resume consideration of S 1, the "Legislative Transparency and Accountability Act of 2007".

11:00 AM - 12:00 NOON. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The "NSTAC members will receive comments from their DHS stakeholders related to National Security/Emergency Preparedness communications issues. The committee will also discuss and vote on the NSTAC's Emergency Communications and Interoperability Task Force Report, and discuss the work of the International Task Force". See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451.

12:00 NOON. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "Results of the ITU Plenipotentiary Conference". The speakers will be John Kneuer (head of the NTIA) and David Gross (Department of State). For more information, contact Fiona Alexander at falexander at ntia dot doc dot gov. Location: Verizon, 1300 I Street, NW, Suite 400 West.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. The agenda includes consideration of a report titled "Convergence of Physical and Cyber Technologies and Related Security Management Challenges" and a discussion of "Assessment of the Insider Threat on Critical Infrastructure". The participants may include Michael Chertoff (Secretary of Homeland Security) and Greg Garcia (Assistant Secretary for Cyber Security and Telecommunications). See, notice in the Federal Register: January 10, 2007, Vol. 72, No. 6, at Pages 1232-1233. Location: National Press Club, 529 14th Street,  NW.

Second extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See also, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, original notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515, order [PDF] extending deadlines, and order [PDF] further extending reply comment deadline.

Deadline to submit reply comments to the Office of the US Trade Representative regarding the operation, implementation and effectiveness of all trade agreements regarding telecommunications products and services to assist it in preparing its annual Section 1377 report. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66563-66564.

The House will meet at 10:00 AM for legislative business. It may consider legislation related to student loans. See, Majority Leader's calendar [PDF].

9:00 AM - 4:00 PM. Day one of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Aviation Security -- Reviewing the Recommendations of the 9/11 Commission". See, notice. Location?

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "A Practitioner’s Guide to the CFIUS Review Process". The speakers will include Michael Gallagher (Perkins Coie), Lynn Charytyn (Wilmer Cutler), Kent Bressie (Harris Wiltshire & Grannis), Christopher Simkins (DOJ's Criminal Division), Theodore Kassinger (O’Melveny & Myers), Carolyn Brandon (CTIA-The Wireless Association), and Jonathan Frankel (Wilmer Cutler). The price to attend ranges from $15 to $20. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:30 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a planning and organizational meeting. For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or 202-828-9874. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW, Suite 200.

1:00 - 3:30 PM. The Environmental Protection Agency (EPA) will hold a meeting to solicit comments and feedback on its project to share and publish information on locations of environmental interest through commercial internet services. The meeting agenda includes "Presentation on EPA's Geospatial Data Access Project" and "Presentation on the XML Schema and Tag Definitions". See, notice in the Federal Register, December 26, 2006, Vol. 71, No. 247, at Page 77395. Location: EPA, 1 Potomac Yard, First Floor Conference Center, 2777 Crystal Drive, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for declaratory ruling filed by One Stop Financial, Inc., Group Discounts, Inc., 800 Discounts, Inc., and Winback & Conserve Program, Inc. pertaining to the AT&T tariff at issue, and "any other issues left open by the D.C. Circuit’s Opinion in AT&T Corp. v. FCC", 394 F.3d 933. This proceeding is WC Docket No. 06-210. See, FCC Public Notice [3 pages in PDF] (DA 06-2360).

The House will meet at 10:00 AM for legislative business. See, Majority Leader's calendar [PDF].

9:00 AM - 4:00 PM. Day two of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

10:00 AM. The Senate Banking Committee will hold its organizational meeting for the 110th Congress. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The President's Export Council will meet. The deadline to register to attend is January 12, 2007. See, notice in the Federal Register: December 26, 2006, Vol. 71, No. 247, at Page 77386. Location: Department of Commerce, Room 4832, 1401 Constitution Ave., NW.

12:00 PM. The Cato Institute will host a book forum. The speakers will by Jim Harper (author of Identity Crisis: How Identification Is Overused and Misunderstood), James Lewis (Center for Strategic and International Studies), and Jay Stanley (American Civil Liberties Union). See, notice. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be FCC Commissioner Michael Copps. The deadline to register is 5:00 PM on January 12. See, registration form [PDF]. Location: Capital Hilton Hotel, 1001 16th St., NW.

The House will meet at 10:00 AM for legislative business. See, Majority Leader's calendar [PDF].

12:00 NOON - 1:00 PM. The Progress and Freedom Foundation (PFF) will host a press briefing by conference call. PFF fellows will outline their tech priorities for 110th Congress. The call in number is 1-800-423-1988. The participant code is 1024423. RSVP to Amy Smorodin at asmorodin at pff dot org or 202-289-8928.

Deadline to submit comments to the President's Identity Theft Task Force (ITTF). See, FTC's request for comments [14 pages in PDF], and SEC release.