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  • Apple Finally Sued By Someone Over iCloud



    It happens every time Apple announces a new service, or product without fail. A company, already holding or using the name of a newly announced service by Apple, sues the big piece of fruit for copyright or trademark infringement.

    Apple then uses its mountain of money to make the complaints of the small company go away. Well it finally happened with iCoud. A company called iCloud Communications is suing Apple. Here's an excerpt from the suit:

    The goods and services with which Apple intends to use the “iCloud” mark are identical to or closely related to the goods and services that have been offered by iCloud Communications under the iCloud Marks since its formation in 2005. However, due to the worldwide media coverage given to and generated by Apple’s announcement of its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple, the media and the general public have quickly come to associate the mark “iCloud” with Apple, rather than iCloud Communications.
    The company in question has been offering "Affordable, Flexible Voice-over-IP Solutions" since 2005. They also provide data center solutions like colocation, which stores customers' files at their data centers. These services I imagine are the basis for their claims of Apple offering nearly identical goods services.

    However, the Phoenix based company (the suit was been filed in Arizona) does not appear to have the iCloud namesake trademarked. While a specific filing of the trademark does not need to exist for them to take Apple to court, it could make things more difficult for the small company. Especially since they're asking for "all profits, gains, and advantages" in addition to the delivery for destruction of "all labels, sign, prints, insignia, letterhead, brochures, business cards, invoices, and any other recorded material."

    A pittance really.

    Do not be surprised if Apple settles out of court and iCloud Communication gets their hands on some of Apple's money tree.

    Or the mighty wrath of Jobs wipes their company out. Either or.

    Source: TheNextWeb
    This article was originally published in forum thread: Apple Finally Sued By Someone Over iCloud started by Phillip Swanson View original post
    Comments 18 Comments
    1. Turnamental's Avatar
      Turnamental -
      They will die a slow and painful death...
    1. lighter's Avatar
      lighter -
      Quote Originally Posted by Turnamental View Post
      They will die a slow and painful death...
      sad but true! or.... they become stinkin' rich!
    1. zoso10's Avatar
      zoso10 -
      Does Apple not pay attention when they pick names for things? Come on is this gonna be another dispute like with the Beatles?
    1. Cer0's Avatar
      Cer0 -
      They probably didn't even see this little guy on the map.

      Did this company put up a fight with the now CloudMe company since it held the US trademark. Or did they just now decide to fight since Apple came into play.
    1. Hosko817's Avatar
      Hosko817 -
      Quote Originally Posted by Cer0 View Post
      They probably didn't even see this little guy on the map.

      Did this company put up a fight with the now CloudMe company since it held the US trademark. Or did they just now decide to fight since Apple came into play.
      Cloud me isn't similar enough to sue over. "cloud" is a common word. You cant stop everybody from using the term. something like this that is an exact match is an infringement in the sense that it dilutes the formers brand image. regardless, apple will end up settling with this company and rightly so. Apple should have been taken care of this well in advance
    1. EskimoRuler's Avatar
      EskimoRuler -
      Lol ^

      Yea if it's not trademark they should maybe only get replacement money for that stuff that gets destroyed
    1. Cer0's Avatar
      Cer0 -
      Apple will buy them out of the name like they did with iPhone from Cisco.
    1. javiert30's Avatar
      javiert30 -
      Thanks God Adam and Eve are dead, otherwise they sue apple because they are using the name that Adam put on that little red fruit. I think that's why their logo was one rainbow apple and later a white apple, because if they put it red, they are going to be in trouble.
    1. Turnamental's Avatar
      Turnamental -
      Quote Originally Posted by Cer0 View Post
      Or did they just now decide to fight since Apple came into play.
      What they did was, luck sack big time and are seeing money bags... They're like "screw it, we'll sue them, sell out and get paid, change our name to Cloudi Communication!"
    1. iphonogasm's Avatar
      iphonogasm -
      Quote Originally Posted by Turnamental View Post
      What they did was, luck sack big time and are seeing money bags... They're like "screw it, we'll sue them, sell out and get paid, change our name to Cloudi Communication!"
      haha thats wat id do
    1. Jcbzr's Avatar
      Jcbzr -
      I lol'd. Apple is a d*uchebag.
    1. GrandMstrBud's Avatar
      GrandMstrBud -
      11 comments and I can only see one. Man I want the old site back
    1. Melech518's Avatar
      Melech518 -
      Interesting facts for those of you who do not know anything about trademarks.

      Apple does NOT own the trademark for iCloud currently. They have only filed for the mark. See the link here: Latest Status Info

      This trademark is in the very early stages of filing and can take over 6 months to get registered. During the trademark process the mark is reviewed by attorneys and then published in a national database for opposition. During which time any company whom believes they have rightful use of this mark can object. The law in our country honors first right of usage on trademarks. Even if a company has never filed for the mark, the still are granted the right of ownership based on proof of the name being associated with the mark at an earlier date. In this case iCloud Communications would have the opportunity to oppose apples filing for iCloud if they can prove they were using the name iCloud in association with their goods and services and be able to rightfully obtain the mark.

      All in all this may be the first time ever that Apple will have an issue with a trademark. They may not be infringing on the mark since no such mark exists, but they may have to pay other damages and change their name.
    1. wirehedd's Avatar
      wirehedd -
      Quote Originally Posted by Cer0 View Post
      Apple will buy them out of the name like they did with iPhone from Cisco.
      They actually only LICENSED the iPhone name from Cisco. Cisco still owns the name and gets royalties from Apple.
    1. whereswaldo's Avatar
      whereswaldo -
      I feel like there's some similarities between the name iCloud and iCloud
    1. coltonbyu8's Avatar
      coltonbyu8 -
      Quote Originally Posted by Hosko817 View Post
      Cloud me isn't similar enough to sue over. "cloud" is a common word. You cant stop everybody from using the term. something like this that is an exact match is an infringement in the sense that it dilutes the formers brand image. regardless, apple will end up settling with this company and rightly so. Apple should have been taken care of this well in advance
      Cloud me was originally called icloud, apple then contacted them and purchased the name and it's rights, they promptly renamed their company cloudme. Apple probably would have payed off the Arizona company, but they are tiny, and didn't file for a trademark
    1. Hosko817's Avatar
      Hosko817 -
      Quote Originally Posted by coltonbyu8 View Post
      Cloud me was originally called icloud, apple then contacted them and purchased the name and it's rights, they promptly renamed their company cloudme. Apple probably would have payed off the Arizona company, but they are tiny, and didn't file for a trademark
      The problem is, you cant take action if you don't know your trademark was/is being infringed on. Thats why large companies contract my company. To do this research for them, and to manage their domain portfolio etc..
    1. ileaf's Avatar
      ileaf -
      lol cant apple sue for the 'i' ? haha