Whose Trademark is it?

It appears that there is a new glitch in Apple’s IPhone saga.  Comwave a Candaian company is staking claim over the trademark stating that they have been using the trademark since 2004.  Candaian law would establish the trademark at first use however, Infogear, which was acquired by Cisco in 2000 was selling the product prior to the acqusition.  If it is shown that Infogear sold the Iphone in both America and Canada prior to 2004 then Comwave’s claim to the trademark will be incorrect and Cisco will most likely prevail.  It will be interesting to see how this all pans out between the two systems.