iCloud Communications Files Suit Against Apple Over 'iCloud' Name

[wovel]

Seeing how these guys are a real company with a real product and have been around for a while, I don't see how you can seriously say something like this with a straight face, unless you have no idea what it means and are just repeating things you read on the Internet.

Well they did fail to pursue the company that actively used and promoted iCloud all over the world for the past 4 year. That company even registered and received a trademark on the name. The name appeared in the major tech press thousands of times over the past 4 years. If they were concerned even a little about protecting their name prior to Apple looking like a big pay day, they would have.

If this was a company that spent the past 4 years trying to protect their name, I would be on their side. Instead they only reac when he see an opportunity to extort. There is simply no way a company genuinely interested in preserving their name fails to perform both a google search and a patent search for 3-4 years. They are a legal troll. They are shooting for settlement. They may even get one, but they certainly do not deserve one.

Apple is not stomping on a little guy. They purchased the rights to the name from the company actively using it. They woul have had to go to like page 9 of a google search to find this second use of the name. The first 8 are all filled with the company that actually bothered to register the mark, offer an online service with the same name, and sell Android/iPhone apps with the same name,

ICloud Communications is a legal troll.

Read the details, very very different case.

I agree it is a lot different. Apple has not asked icloud communication to stop using the name, and likely would not have prior to their trolling.

 

[KnightWRX]

Well they did fail to pursue the company that actively used and promoted iCloud all over the world for the past 4 year.

Uh ? "Promoted" ? The first time I heard anything about iCloud.com was when Apple bought the domain. I think we don't exactly have the same definition of promoted.

 

[M7ck]

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This thread must have posts from some of the most vile and vulgar people on the internet.

I own or work with every hardware product Apple produce, but I really cannot fathom how people can take Apples side on this one - this is a huge multinational company stomping all over some guys livelihood.

What is wrong with you people?

What is wrong with you? Apple is not trying to stomp over anyone. iCloud Communications is the one that brought the lawsuit not apple.

 

[KnightWRX]

What is wrong with you? Apple is not trying to stomp over anyone. iCloud Communications is the one that brought the lawsuit not apple.

Because they felt Apple was stomping over their company name with their new service.

Your position is non-sensical. There is more ways to "stomp" over someone than just lawsuits. In this case, the lawsuit was filed to defend their name against a stomping (in their eyes).

 

[MagnusVonMagnum]

iCloud communication will lose both money and their name. "If you don't use it, you will lose it."

Here is an example: www.nissan.com

Thanks for the link. That was fascinating and enlightening about the EVIL that is large corporations. It is clear that Nissan Computer was always 1st and always in the right and it shouldn't take more than the minute or so to read the initial facts to determine that by year alone. The fact it took so long to go through the court system to end up at the obvious common sense conclusion is bad enough, but the fact that Nissan Motor didn't have to pay hardly any fees for their attempt to shut down Nissan Computer through brute-force money tactics (i.e. if you go bankrupt from court costs, the big company wins by default even if they broke the law many times over). The most disturbing of all is that one of the courts found in Nissan Motor's case even though they had no case. Sorry, but being more famous doesn't entitle you to break laws and do whatever you want.

It's not that different with Apple. As famous and big as Apple is today, the Beatles' famous recording studio/record company came FIRST and they had every right to conflict with a company wanting to call itself Apple (Jobs and Co could have called their company anything under the sun, but they chose Apple). They agreed that Apple Computer would stay away from the music business in return for dropping the suit. Apple dropped "Computer" from its title many many years later and voila, return of the lawsuit. The lesson learned here, though is that if you're big enough, you can get away with anything, even if it costs you a bit of money (which is nothing to someone like Apple).

I remember the story about how Columbia Pictures wanted Huey Lewis & The News (hugely popular at the time) to do a song for the movie Ghostbusters. The band was afraid the movie would hurt their reputation so they declined. The movie studio hired Ray Parker Jr. to do the title song which when slowed down a bit sound extremely similar to "I Want a New Drug" (then a big hit song by Huey Lewis And The News). The court found in the band's favor in the end, but they still considered it a loss because even though they got the money earned by the song for the movie, it still did its job to promote the movie itself which was made that much more famous by using that song (the video was everywhere at the time and the movie was huge for its day). So Columbia lost some music royalties, but got the promotion they wanted despite the decline by the artist in question.

In another weird twist, the cartoon for "Ghostbusters" based on the movie had its own set of oddities. Another cartoon was already called "Ghostbusters" at the time by Filmation (based off a much earlier one called "The Ghostbusters" (long before the first movie so they had the rights) so they had to call the movie-affiliated cartoon "The Real Ghostbusters". I always thought the words "The Real" was kind of disingenuous given they were not first, just more famous, but that's the way things work in this world. To quote Dark Helmet, "...evil will always triumph because good is dumb."

 

[jettredmont]

Since Apple has had to pay the Beatles a couple of time for settlement of the matter, I think copying was a fair statement.

The trademark infringement was for the name "Apple", not for the logo, which both depicted in radically different styles an apple.

 

[jettredmont]

I think Apple knew what they were doing. How could they not have found these guys when they did their trademark work?

Um, because these guys didn't have 'icloud' registered as a trademark, and the other company did?

Seriously, at that point (and yes, I'm sure Apple was cognizant of these guys before the fact, but legally the trademark registry is what you use to stop someone from claiming they didn't know about you, which is why you can sue for damages only if your trademark is registered) the matter is pretty well settled. One set of folks pursued and obtained the trademark registration, no one else has disputed it, you buy from the first and the rest have no claims.

 

[farmboy]

Since Apple has had to pay the Beatles a couple of time for settlement of the matter, I think copying was a fair statement.

Wrong. The suits involved "Apple" (not the logo), and Apple's involvement in music.

 

[kalsta]

Not difficult to read between the lines of this suit. These guys couldn't care less whether Apple keeps using the name. What they're really saying is, 'Please Apple, we saw how much you paid that Swedish mob, and… well… if it's not too much to ask, we'd like a little piece of the Apple pie too.'

In the meantime they'll be doing two things: (1) making the most of the media attention, and (2) hoping like hell that Apple doesn't call their bluff and actually fight this in court!

 

[henchman]

Typical response.
Apple suing everyone and their mother for supposedly infringing their rights = good.
Anyone else suing apple = bad.

 

[M7ck]

Because they felt Apple was stomping over their company name with their new service.

Your position is non-sensical. There is more ways to "stomp" over someone than just lawsuits. In this case, the lawsuit was filed to defend their name against a stomping (in their eyes).

Well ******* them then, I do hope apple destroy them for bringing this lawsuit. Apple left them well alone until they started this so I hope they destroy everything about this company.

And lets be honest, what harm to iCloud Communications did apple do? (I guess the courts will decide that)

 

[farmboy]

Typical response.
Apple suing everyone and their mother for supposedly infringing their rights = good.
Anyone else suing apple = bad.

And an equally typical response is:

Apple suing = bad.
Suing Apple = good.

Or we could all just look at the merits of each case and decide from that. Plus spend an hour reading about trademarks, the basis upon which they're issued, and why some in conflict are decided the way they are, before you post. And then remember that what you know is dwarfed by what trademark attorneys know.

 

[kalsta]

Typical response.
Apple suing everyone and their mother for supposedly infringing their rights = good.
Anyone else suing apple = bad.

Good or bad, I don't think this company really stands to lose anything by Apple using the name. They've simply spotted a potential opportunity to cash in, and they're chasing it. They know Apple is serious about this trademark — Apple have already spent a lot of money on it, and promoted it to the world — and would easily part with a few million more to keep it.

 

[maclaptop]

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.

Not really. The highest probability is that Apple will settle out of court for some big sum of money. That's what companies like Apple do.

The name Lexus was already taken when Toyota was just about to introduce their new line of luxury cars. It was the exact same scenario.

In law it's all about who has the most money, and in many cases not only do they have the money but popularity as well.

There is no justice. That's the American way. It's all about the Money.. have any doubts, just look at all the people in this forum that worship money.

They brag about how much Apple makes as though it's going into their own pockets.

The poor souls are so fixated with material things and money, they must live vicariously through their Hero Steve Jobs.

 

[ten-oak-druid]

This other company should have filed. They did not. Really dumb on their part.

The other dumb part of this story is Apple's lack of creativity. Just as some of the competition copied app store after Apple's success, Apple failed to come up with a new name for their cloud service.

And I don't care whether or not someone used "app" previously. Apple brought about a new level of recognition and success with their product. Some of the competition actually came up with new names for their version of the app store. Apple beat the competition to trademarking the app store. Deal with it.

 

[KnightWRX]

Well ******* them then, I do hope apple destroy them for bringing this lawsuit. Apple left them well alone until they started this so I hope they destroy everything about this company.

So you're all for major corporations walking all over smaller local businesses I guess ? I hope you never have to start your own business.

 

[ten-oak-druid]

How about Gobblestack?

LOL

That would be "iGobblestack"

 

[M7ck]

So you're all for major corporations walking all over smaller local businesses I guess ? I hope you never have to start your own business.

I am all for major corporations defending themselves against buII$hlt lawsuits. Or should apple just hand over millions?

 

[Psychj0e]

I am all for major corporations defending themselves against buII$hlt lawsuits. Or should apple just hand over millions?

How is this bull, the company is six years old & doesn't want the branding it's built up to be wiped out by Apple. Anybody that thinks that is acceptable must be living in a fantasy land.

 

[abm25]

Interesting

I'm curious to see what they've planned out to try and make this work, if they've planned anything at all. Doubt it though. Like everyone has already said, VoIP service has little to no relation to what iCloud plans to offer. And where were they when CloudMe was being worked out? Sneaky sneaky.

 

[gnasher729]

Thanks for the link. That was fascinating and enlightening about the EVIL that is large corporations.

I see it more as a worst case example of corporate stupidity. I think Nissan had some lawyers and some managers who are really proud that they won the case. However, they didn't achieve what any sane person would have wanted to achieve in their position: The right to use the www.nissan.com website.

They actually ********* up so badly that they put Uzi Nissan into a position where it is impossible for him to ever accept money for the rights to the website from Nissan. Basically, if he ever agreed to sell the name to Nissan Motors, Nissan Motors would have him by the balls and get the name for free. Result: They will never, ever, ever get the name.

 

[ten-oak-druid]

I'm curious to see what they've planned out to try and make this work, if they've planned anything at all. Doubt it though. Like everyone has already said, VoIP service has little to no relation to what iCloud plans to offer. And where were they when CloudMe was being worked out? Sneaky sneaky.

1. They should have filed for the trademark.
2. Why did they wait until after Apple's announcement to to this? It was no secret Apple was going to use the (stupid) name of icloud.

Its all publicity of course. Look at the people who now know their company exists. No advertising agency could give them the publicity this lost court case will give them for the price of a court fee. I can't blame them. They will get publicity now and again when they change their name. It will be good for them.

 

[musiciscool]

rename it!

They should just rename it: the iGrid

 

[0229876]

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[henchman]

I see it more as a worst case example of corporate stupidity. I think Nissan had some lawyers and some managers who are really proud that they won the case. However, they didn't achieve what any sane person would have wanted to achieve in their position: The right to use the www.nissan.com website.

They actually ********* up so badly that they put Uzi Nissan into a position where it is impossible for him to ever accept money for the rights to the website from Nissan. Basically, if he ever agreed to sell the name to Nissan Motors, Nissan Motors would have him by the balls and get the name for free. Result: They will never, ever, ever get the name.

I remember hearing about this case years ago.
The guy is right.
Nissan was previously Datsun, and I remember quite clearly when they weed called Datsun when I was younger.
This is a very clear case of a. Huge company wanting to take what they legally don't deserve.

Same here with iCloud.

I hope the owners of iCloud make a pile of dough from this.