iCloud Communications Files Suit Against Apple Over 'iCloud' Name

MacRumors · Jun 10, 2011

As reported by The Next Web, a company by the name of iCloud Communications has filed suit against Apple, alleging infringement over the company's new iCloud service. Apple of course acquired the iCloud.com domain name from Swedish company Xcerion and undoubtedly assisted that company in rebranding its cloud-based services as CloudMe, but Apple apparently did not engage iCloud Communications in any sort of discussions surrounding the name.

Specifically, iCloud Communications is claiming that Apple's heavy promotion of the iCloud product is damaging to its business and has all but removed the branding of the name from itself and placed it onto Apple.

To make matters somewhat worse, there's some accusation that Apple's services are nearly identical to the ones being offered by iCloud Communciations.

The suit seeks an injunction barring Apple from using the iCloud name, destruction of all promotional materials and other items bearing reference to Apple's iCloud service, and monetary damages including forfeiture of profits obtained using the iCloud name.

Unlike Xcerion, iCloud Communications does not appear to hold any registered U.S. trademarks related to the iCloud name. Trademarks are not, however, required to be registered, although registration conveys substantial benefits toward protecting those marks.

Article Link: iCloud Communications Files Suit Against Apple Over 'iCloud' Name

GeekLawyer · Jun 10, 2011

Who?

Right now they're getting more attention than they could have paid for. Hopefully they're happy with it because it's all they'll get from this suit.

asdf542 · Jun 10, 2011

Come at me bro

RoboCop001 · Jun 10, 2011

They're a VoIP company, why are they called iCloud? lol

Their website sucks. I should redesign it.

This reminds me of that ComWave company here in Canada that complained about the term iPhone.

chrmjenkins · Jun 10, 2011

1) Establish company with name iSomeProductYouExpectAppleToRelease.
2) Wait until iSomeProductYouExpectAppleToRelease launches.
3) ???
4) Profit

slicecom · Jun 10, 2011

All these companies who, since the success of the iMac, have been putting "i" infront of their names and products are so annoying. Blatant attention grab.

nuckinfutz · Jun 10, 2011

Motion to dismiss.

iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.

It doesn't sound like they made a move until a deep pockets company moved in.

This will be interesting.

iAta · Jun 10, 2011

chrmjenkins said:
1) Establish company with name iSomeProductYouExpectAppleToRelease.
2) Wait until iSomeProductYouExpectAppleToRelease launches.
3) ???
4) Profit

LOL, South Park

gleepskip · Jun 10, 2011

They do voip crap. There is no overlap in product line.

Apple undoubtedly knew about them when they launched. They just decided they will give them a few bucks to shut them up after the fact.

benthewraith · Jun 10, 2011

GeekLawyer said:
Who?

Right now they're getting more attention than they could have paid for. Hopefully they're happy with it because it's all they'll get from this suit.

http://geticloud.com/

In other news, Apple buys a small VoIP company. Brings it to its iCloud lineup of applications. Apple's stocks stay just about the same.

spazzcat · Jun 10, 2011

If Apple filed for a TM they will have a hard time with their case?

mingoglia · Jun 10, 2011

RoboCop001 said:
They're a VoIP company, why are they called iCloud? lol

Their website sucks. I should redesign it.

Does their VoIP travel across the Internet or is it only within a local network? Really it doesn't matter in this case. I'm pulling up a nice comfy chair and a big bowl of popcorn. I hope Apple not only loses, but also has to sign over all the domains that relate to this over to them.

L-U-R-C-H · Jun 10, 2011

nuckinfutz said:
Motion to dismiss.

iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.

It doesn't sound like they made a move until a deep pockets company moved in.

This will be interesting.

I couldn't agree more. Haha and your username is hilarious btw

Fraaaa · Jun 10, 2011

Apple don't want Amazon have AppStore name because it damaging their reputation. Now iCloud Communication don't want Apple to use iCloud because it damage their businness.

iCloud Communication, don't you know that Apple owns the 'i'?

thejadedmonkey · Jun 10, 2011

GeekLawyer said:
Who?

Right now they're getting more attention than they could have paid for. Hopefully they're happy with it because it's all they'll get from this suit.

(Theoretically) if iCloud Communications is in the right, they could argue it themselves and Apple's multi-million dollar lawyers would be powerless.

gleepskip · Jun 10, 2011

nuckinfutz said:
iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.

Very salient point.

Insolence · Jun 10, 2011

So first it was some random Zoo in the EU that nobody had ever heard of before whining about how Apple is causing them harm by using the name "Lion" on their OS, and now its some loser company that nobody's ever heard of before whining because Apple is using their company's name on a product?

Did they even ask them if they'd be interested in buying them out? Didn't think so.

Bear · Jun 10, 2011

slicecom said:
All these companies who, since the success of the iMac, have been putting "i" infront of their names and products are so annoying. Blatant attention grab.

You mean like a restaurant named iSpice?

bully worm · Jun 10, 2011

Don't worry, they'll be bought out soon. RIP.

spazzcat · Jun 10, 2011

thejadedmonkey said:
(Theoretically) if iCloud Communications is in the right, they could argue it themselves and Apple's multi-million dollar lawyers would be powerless.

Who ever files for the TM first almost always wins...Until you file I don't think it counts?

GeekLawyer · Jun 10, 2011

thejadedmonkey said:
(Theoretically) if iCloud Communications is in the right, they could argue it themselves and Apple's multi-million dollar lawyers would be powerless.

Their case won't have much merit unless they can produce all their efforts to prevent CloudMe's similar infringing use of the name iCloud.

I'll have this nice cool soda while they produce it. I'm sure it's on someone's desk at iCloud Communications.

ten-oak-druid · Jun 10, 2011

Apple can win this. But seriously, Apple needs to hire some new people in marketing. icloud? Everyone is calling it the cloud now. Call it something original.

charlituna · Jun 10, 2011

nuckinfutz said:
Motion to dismiss.

iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.

Yep and it sounds like the overseas company had a US trademark on iCloud as well. So they were the ones with the rights.

Also trademarks are generally tied to the product. It will be tricky to say that VoIP services are the same as a data server system.

mainstreetmark · Jun 10, 2011

GeekLawyer said:
Who?

Right now they're getting more attention than they could have paid for. Hopefully they're happy with it because it's all they'll get from this suit.

Evidently, a company that's been using "iCloud" for the last 6 years, according to whois, that's who! They are now completely unable to continue. Shoudla seen it coming, yes, but legally protected, also yes. I doubt they're "happy".

BC2009 · Jun 10, 2011

MacRumors said:
Unlike Xcerion, iCloud Communications does not appear to hold any registered U.S. trademarks related to the iCloud name. Trademarks are not, however, required to be registered, although registration conveys substantial benefits toward protecting those marks.

It is correct that trademarks need not be registered, but a company must be able to show that they have a history of defending their trademarks through written legal communication to companies they feel infringe on their unregistered trademarks. For example, Apple sending a letter to Amazon regarding "AppStore". Apple does not have a registered trademark for "App Store" but they are still trying to actively defend what they believe to be an unregistered trademark. With trademark law there is a "defend it or lose it" requirement (registered or not).

nuckinfutz said:
Motion to dismiss.

iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.

It doesn't sound like they made a move until a deep pockets company moved in.

This will be interesting.

Exactly my point. They should have a history of notices to the CloudMe folks regarding the "iCloud" trademark.

thejadedmonkey said:
(Theoretically) if iCloud Communications is in the right, they could argue it themselves and Apple's multi-million dollar lawyers would be powerless.

The only way they should win this if there is a history shown of them defending their unregistered trademark from others. But since they coexisted with what is now "CloudMe" for so long, I am guessing that is not likely.

iCloud Communications Files Suit Against Apple Over 'iCloud' Name

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