First the big announcement, then the lawsuits start. First Appleannounced the iPhone, then Cisco attempted to sue them for using theiPhone name.

This either makes Apple's lawyers stupid - which isunlikely given how hot they are on trademarks themselves - or Cisco ispulling a fast one. Yes Cisco owns the iPhone trademark, but things area little more complicated than that...

Despite owning thetrademark from 2000 (with Infogear owning it for four years beforethat) Cisco never launched a product called the iPhone until lastDecember, and that was under the Linksys brand.

The closest itcame before that was to submit a picture of a Linkysys CIT200 cordlessinternet phone kit to the trademark body last May - nearly six monthsafter its right to use the iPhone name was due to have expired. Itsubmission came just two weeks before the end of a 'grace' period forlate submission of trademarks - again hardly a ringing endorsement ofCisco's use of the name.

Even then Cisco's use of the name washardly convincing: the only mention of the iPhone name on the CIT200'spackaging was a white sticker attached to the back of the box and stuckoutside the box's plastic wrap.

You can argue - and I'm sureApple's lawyers certainly will - that Cisco only took action on itsownership of the iPhone trademark when:

a) it became apparentthat a company (i.e. Apple) that already had products called iMovie,iTunes, iMac, iDVD, iPod, iChat, iSync and iCal - notice the trendhere? - was working on a phone of some description.

b) that Applehad already approached Cisco several times to acquire the iPhone namewhich - you'd think - would have given Cisco a pretty big clue as towhat Apple's plans were.

Cisco confirmed as much in a pressstatement issued at the Consumer Electronics Show (CES) on the day thatApple announced its iPhone:

"Given Apple's numerous requests forpermission to use Cisco's iPhone trademark over the past several yearsand our extensive discussions with them recently, it is our belief thatwith their announcement today, Apple intends to agree to the finaldocument and public statement that were distributed to them last nightand that addressed a few remaining items. We expect to receive a signedagreement today."

Unfortunately for Cisco, Apple did not sign the document and who can blame them given the way that Cisco's behaved?

Yes Cisco will have its day in court, but for many it is Apple who has mindshare over the iPhone name.