11
Jan/07

Text of Complaint In Cisco v. Apple


News.com is hosting a copy of the complaint in Cisco v. Apple.
Interesting aside: Apple allegedly blew the Ocean Telecom cover when it filed an application in Australia for iPHONE in Sept 06, identifying the same Trinidad & Tobago application for iPhone as a basis for convention priority, as is the basis for the U.S. application filed in Sept 06 in the name of Ocean Telecom (note – the Paris Convention allows you to file an application in which you have an establishment, and take up to 6 months to file for the identical trademark (in the identical applicant’s name) for the identical (or fewer) goods/services, and claim the earlier filing date as the priority date of the later filed application. Thus, the U.S. and Australian applications, which were filed in September 06, will be treated for priority purposes as if they were filed in March 06 (although it would seem Apple will have to solve the discrepancy in applicant name between the Trinidad and the Australian applications).

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