iCloud Communications Files Suit Against Apple Over 'iCloud' Name

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Jun 10, 2011.

  1. macrumors bot

    MacRumors

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    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.
    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
     
  2. macrumors demi-god

    GeekLawyer

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    #2
    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.
     
  3. macrumors 6502

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    Come at me bro
     
  4. macrumors 65816

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    #4
    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.
     
  5. macrumors 603

    chrmjenkins

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    #5
    1) Establish company with name iSomeProductYouExpectAppleToRelease.
    2) Wait until iSomeProductYouExpectAppleToRelease launches.
    3) ???
    4) Profit
     
  6. macrumors 68020

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    #6
    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.
     
  7. macrumors 603

    nuckinfutz

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    #7
    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.
     
  8. macrumors newbie

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    #8
    LOL, South Park :D
     
  9. macrumors regular

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    #9
    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.
     
  10. macrumors 68030

    benthewraith

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    #10
    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.
     
  11. macrumors 68000

    spazzcat

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    #11
    If Apple filed for a TM they will have a hard time with their case?
     
  12. macrumors 6502

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    #12
    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. :D
     
  13. macrumors regular

    L-U-R-C-H

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    #13
    I couldn't agree more. Haha and your username is hilarious btw :)
     
  14. macrumors 65816

    Fraaaa

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    #14
    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'? :eek:
     
  15. macrumors 604

    thejadedmonkey

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    #15
    (Theoretically) if iCloud Communications is in the right, they could argue it themselves and Apple's multi-million dollar lawyers would be powerless.
     
  16. macrumors regular

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    #16
    Very salient point.
     
  17. macrumors member

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    #17
    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.
     
  18. macrumors G3

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    #18
    You mean like a restaurant named iSpice? :D
     
  19. macrumors regular

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    #19
    Don't worry, they'll be bought out soon. RIP.
     
  20. macrumors 68000

    spazzcat

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    #20
    Who ever files for the TM first almost always wins...Until you file I don't think it counts?
     
  21. macrumors demi-god

    GeekLawyer

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    #21
    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.
     
  22. macrumors 68000

    ten-oak-druid

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    #22
    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.
     
  23. macrumors G3

    charlituna

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    #23

    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.
     
  24. macrumors 68020

    mainstreetmark

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    #24
    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".
     
  25. macrumors 68000

    BC2009

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    #25
    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).

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

    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.
     

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