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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...
06-10-2011, 07:28 PM #1
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.
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.
06-10-2011, 08:27 PM #2
They will die a slow and painful death...
06-10-2011, 08:31 PM #3
06-10-2011, 09:23 PM #4
Does Apple not pay attention when they pick names for things? Come on is this gonna be another dispute like with the Beatles?
06-10-2011, 09:29 PM #5
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.
06-10-2011, 10:41 PM #6
06-10-2011, 10:46 PM #7
Yea if it's not trademark they should maybe only get replacement money for that stuff that gets destroyed
06-10-2011, 10:49 PM #8
Apple will buy them out of the name like they did with iPhone from Cisco.
06-11-2011, 12:15 AM #9
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.Drive Safe with Trapster
06-11-2011, 12:26 AM #10
iPhone 4S iOS 5.0 Non JB
~OSx Lion 10.7.2 Hackintosh Pro Dual Boot Win7 @ 4.5GHz
Rock River AR-15 5.56mm NATO
~9mm S&W Sigma
We carry iPhones and guns here in Texas
06-11-2011, 02:57 AM #11
06-11-2011, 06:46 AM #12
I lol'd. Apple is a d*uchebag.
06-11-2011, 07:17 AM #13
11 comments and I can only see one. Man I want the old site back
06-11-2011, 09:15 AM #14
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.
Last edited by Melech518; 06-11-2011 at 09:23 AM.
06-11-2011, 10:59 AM #15
06-11-2011, 12:17 PM #16
I feel like there's some similarities between the name iCloud and iCloud
06-11-2011, 03:48 PM #17
06-11-2011, 07:14 PM #18
06-11-2011, 10:27 PM #19
lol cant apple sue for the 'i' ? haha