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iCloud Communications Files Suit Against Apple Over 'iCloud' Name

Since they didn't officially register their trademark they are probably going to be ripped to shreds by Apple's top notch lawyers.

This is pretty much going to be a non-issue.
 
BC2009 said:
I 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.
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It's worth noting that one reason Apple doesn't have an actual trademark is because of the appeals by Microsoft etc. Until those are over the mark stays in 'unregistered' status. Then they may end up with the trademark, or have it rejected.

And yet, Apple is defending the mark as if it was actually approved. Just as they should. Unlike iCloud Com who very possible didn't ever care until now. But because they didn't register it, they will lose any statutory damages. And because they didn't care when the other company had the mark they may have lost the legal right to care now that Apple bought it.
 
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nuckinfutz said:
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.
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Hum... Xcerion, the previous owners of icloud.com, were based in Sweden. iCloud Communications is in Arizona.

What claims would an Arizona company have over a Swedish company exactly ? They're not even in the same country. However, Apple is a US based company and falls under the same jurisdiction as iCloud Communications. (Edit, it does seem Xcerion had filed for a US trademark in November 2009 with the USPTO).

It has nothing to do with deep pockets or trying to work with the previous owners of iCloud.

Come on guys, this isn't the first time Apple doesn't check before using an iSomething.

iPhone ring any bell ? http://newsroom.cisco.com/dlls/2007/corp_011007.html

Gregintosh said:
Since they didn't officially register their trademark they are probably going to be ripped to shreds by Apple's top notch lawyers.

This is pretty much going to be a non-issue.
Click to expand...

Registering a trademark is not obligatory. Failure to do so does not make the trademark invalid at all. It is completely optional.
 
Gregintosh said:
Since they didn't officially register their trademark they are probably going to be ripped to shreds by Apple's top notch lawyers.

This is pretty much going to be a non-issue.
Click to expand...
On top of that the iCloud trademark is being transferred from what is now called CloudMe to Apple. At least in the countries that they had registered the iCloud trademark. This includes the US.
 
Since they didn't register in the US, if they file suit in the US I doubt they will win.

At most, if Apple loses, Apple will have to change the name in whatever country that recognizes that trademark as iCloud Communications'.

It will be like the Gmail incident in Germany, and Burger King in Australia (called Hungry Jacks there).
 
WTF? It's VOIP and online PBX... "there's some accusation that Apple's services are nearly identical to the ones being offered by iCloud Communciations."

Everyone likes to jump on the coat tails of successful companies. Would be very easy to put a synergistic marketing plan around leveraging Apple's marketing spend and actually INCREASE your business.
 
KnightWRX said:
Hum... Xcerion, the previous owners of icloud.com, were based in Sweden. iCloud Communications is in Arizona.

What claims would an Arizona company have over a Swedish company exactly ? They're not even in the same country. However, Apple is a US based company and falls under the same jurisdiction as iCloud Communications.

It has nothing to do with deep pockets or trying to work with the previous owners of iCloud.

Come on guys, this isn't the first time Apple doesn't check before using an iSomething.

iPhone ring any bell ? http://newsroom.cisco.com/dlls/2007/corp_011007.html

Registering a trademark is not obligatory. Failure to do so does not make the trademark invalid at all. It is completely optional.
Click to expand...
However, Apple bought the iCloud trademark from CloudMe. It's not the same as the Cisco situation was.

To be clear Apple bought the iCloud trademark. The trademark they bought was pretty much described as being for cloud stuff. If anything, Apple could possibly go after iCloud Communication for violating a trademark Apple now owns.
 
Its is very convenient these two stories fell north and south of the other.

iCloud communications being that they serve as a VoiP service should have never filed the suit because the two company functions are unrelated as previously posted. How ever iCloud should be thanking Apple for the name drop as I garruntee there are about a million other companies right now that wished their names were anything close to iCloud, as the amount of google search traffic they are getting alone is soooo much free publicity. Like some one said before create company isomeunreleasedpossiblefutureproductname and wait for a chance to pounce. Doesnt seem they ever had a problem with iCloud.com as previously mentioned too.

But for those of you that say this is a direct reason why apple should let others use App Store you are sooooo damn wrong its pathetic. VoiP and Apple's could services are completely separete in nature, context and use. While Google, Yahoo, Amazon, MS, Etc are all SELLING APPS (for Smart Phones even!) You could not have found a better niche.

If anything this gives Apple leverage to say that the name iCloud is generic. Or better yet come out with a search engine called Appppppppppple
 
Don't think that Apple does any damage to their brand and name ... if anything, it is nice 'advertisement' with all the iCloud hype. Apple will build a nice reputation for 'iCloud' and "iCloud Communication" could cash in on that without the fear of being sued for adopting a similar name ...
 
This is so funny

this is so funny, one look at "iCloud communications" website and you can clearly see that they offer no cloud services... LOL ... lame try to extort money from Apple. HAHAHA
 
RoboCop001 said:
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.
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I don't know if their website sucks but that's the heaviest graphics I've ever seen in the last 10 years. And that includes those graphics-heavy GeoCities websites. :eek:

edit: It's still quite heavy but not as much as I thought. It was slow to load because their server was overloaded. One thing to note, however, is that their website is still made with table tags for the layout.
 
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Apple couple probably get ownership of the geticloud.com domain name based on owning the iCloud trademark unless iCloud Communication has a registered trademark for "iCloud Communication".
 
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.
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My take it is will go like this.

old iCloud, "It is our name!"
Apple, "We have a marking history of the prefix 'i'"
old iCloud, "You can't trademark a marking history."
Apple, "But that marking history has diluted your own brand and we were not party to it."
old iCloud, "We used this first!"
Apple, "We are finding prior artwork back in the 80s where ..."
old iCloud, "How much you want for the trademark? Better you want to buy us now?"
Apple, "Bend over babe!"
 
aristotle said:
Their website has "Copyright 2009-2010" on the bottom and their testimonials page does not have any names on it:
http://geticloud.com/testimonials.html

Some of them are residential customers?
:rolleyes:

This sounds like a fake fly by night operation.
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they registered the domain in 2005 through godaddy.com:

http://who.godaddy.com/whois.aspx?domain=geticloud.com&prog_id=GoDaddy

so it is not a overnight operation. ... still, they should be happy about the free advertisement.
 
And there are two Delta's (the airline and the faucets/plumbing fixtures). As was said, the only reason it has an "i" prefix is due to the copying of Apple. Everyone has an "i"- something it seams now anyway.
 
mingoglia said:
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
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Except apple bought the domain and presumably the rights to the name from the company that actually had a registered trademark..
 
nuckinfutz said:
iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.
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What ample time? They are supposed to file trademark violations based on rumors they find on the internet? Apple did not officially announce iCloud until this week.
 
It seems to me that Apple instead of worrying about trademarks, should have years ago just patented "A marketing process involving adding a lowercase i to any product name". Then just file patent lawsuits, they seem to work for everyone else.
 
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