iCloud Communications Files Suit Against Apple Over 'iCloud' Name

[JP7911]

Services are not even close

At first I thought they may be legitimate, but after going the the website their service is VOIP. Apple iCloud service is storage not VOIP. So how is that identical service.
After that I agree they are looking for money. Apple purchased the name and paid very high fees for it. You can have several business with the same name the long as its not the same business. On the website I saw nothing about stooge or internet services other than Voice over IP. The only similarities is that they both use the internet.

 

[jettredmont]

Most smaller companies aren't checking for trademark infringements, obviously when a huge company, like Apple, launches a new services, that's hard to miss.
A huge company, like Apple, actually has people hired to be updated about about any infringements, smaller companies don't have the money to do so.

If you own a company and did not register your company name and product names as trademarks, and you are not checking trademark registrations for overlap, you are taking all that risk onto yourself.

Registering a trademark is cheap and easy ($1,000 cheap). Easily the cheapest thing most companies will do when starting up. There is no reason ever to skip that step. But, it's not required. You can skip the really cheap services of the USPTO, and elect to police your trademark more actively. But if you don't use the USPTO, and you don't police your trademark, you are just asking to lose the rights to your own name.

Furthermore, a huge company, like Apple, using your name would have a bigger impact than a small company, like CloudMe. And a smaller company would gain more from infringing on a name used by a huge company, than a small company.

I will repeat it again: the size of the company infringing on your trademark does not matter. So long as the infringer meets the same requirements as your trademark (interstate commerce in the US), you MUST defend that trademark, or you will lose it. If the infringer is a broke pulp fiction writer or a multinational corporation with billions of dollars in the bank: it does not matter.

 

[theelysium]

Lol

iCloud Communications is a joke. I was going to use their customer service chat just to mess with them and act like I thought they were Apple cuz their name is SOOO SIMILAR, but they are so inapt that their chat service isn't even active! Like not offline, but not built.

Dang, I wanted to mess with someone....

How does a company that touts communication services not have their own customer service feature active for communication with their customers?

They obviously need the money from Apple.

 

[chaosconan]

Microsoft could have been successful with their Zune product if they only had called it xPod instead of Zune
Same applies to their failing Windows branded phones. If they want it to be successful they should immediate rename it to xPhone.

Next they should develop xPad to complete against iPad.
And rename Windows Phone 7 to xOS 7

Apple versus Windows
iPod = xPod (Zune)
iPhone = xPhone (Windows Phone)
iPad = xPad (to be continued)

 

[writingdevil]

so....it's friday and....

Interesting. But it still has nothing to do with "threat".

Apple is obviously not trying to misrepresent their services and pass it off as iCloud Com's goods and services.

So...

so..it's friday and i think a lot of people have nothing to do and are now relying on wikipedia to prepare a legal argument. kind of like my dog that just won't let go a bone in it's mouth, just keep trying to be right about it.
sounds like, again, one of my pop's drinking buds, who has become dangerously close to being an unauthorized-unlicensed lawyer based on things he researches on his "new" computer. (me thinks he should have stayed at being an expert in all things alcohol)

 

[rjohnstone]

Effort to police is always a judgement call, but two major factors here go against iCloud:

1. They did not register their trademark. This is cheap and easy. It would have avoided this entire debacle (Apple would have come across the filing and acted accordingly).

2. The "small Swedish company" has had an open trademark registration for exactly that trademark for well over a year.

If you do not take advantage of the system built to passively protect you from trademark infringement, and you do not actively search for trademark infringement, and the only time you actually act on trademark infringement is when the front page of your newspaper talks about another company who is bringing out a major new product named the same as your trademark ... I don't think that qualifies as policing a trademark by any reasonable stretch of the imagination.

Again, it's a judgement call, and maybe the judge will end up ruling their way, but iCloud hasn't done themselves any favors here.

Ever file for a trademark?
It's neither cheap (for a small company) or easy.
Been through the process twice myself. No thanks.

I will agree to a limited extent that an annual search of the USPTO filings would be in order, but again, you need to also take into consideration the scope of such searches and the basic understanding of how they work.

My wife's company does global searches in TESS and then vets any potential infringing filing.
Some companies simply lack the resources or even the knowledge on how to do this.

 

[mainstreetmark]

I hate the whole term "Cloud" in the first place. It sucks we have to put up with it for a decade.

"My e-mail is in the Cloud!" Your e-mail was *aways* in the Cloud - since the 1990's (or even 1980's)

 

[Tonewheel]

This isn't complicated.

If Apple went through the registered trademark process for the trade name "iCloud", there would have been an opportunity for any company to review the filing and file a formal objection against Apple's trademark application...usually a six month period. This is part of the formal trademark process.

Additionally, iCloud Communications not having trademarked their name, will have to prove they have promoted the name commercially, and a judge would have to be convinced they will be harmed by Apple using the mark (loss of business revenue, etc.)

My prediction is that Apple will prevail, with a settlement made to the plaintiff.

 

[KnightWRX]

My prediction is that Apple will prevail, with a settlement made to the plaintiff.

If they prevail, why pay a settlement to the plaintiff ? Does not compute.

 

[michaelcyee]

If they prevail, why pay a settlement to the plaintiff ? Does not compute.

It's far easier and less costly to settle than it is to go through a trial or something, even if you win the first round you'll have to stick around for the appeal, and the court system is notoriously overburdened with too much stuff to do. It's just way easier to settle.

 

[Tonewheel]

If they prevail, why pay a settlement to the plaintiff ? Does not compute.

It means that a judgement will not be rendered against Apple, as they will settle this out of court.

 

[ViviUO]

SUVs/pickups, guns, and lawsuits seems like all this country is good at these days.

 

[chaosconan]

I hate the whole term "Cloud" in the first place. It sucks we have to put up with it for a decade.

"My e-mail is in the Cloud!" Your e-mail was *aways* in the Cloud - since the 1990's (or even 1980's)

Whoever came up with the computer term Cloud should have called it cyberspace, wait, that term already exists!

Not sure why they created a new term "Cloud" when the correct term should have been "cyberspace" which means virtual space, virtual world, or virtual universe.

 

[Tonewheel]

Whoever came up with the computer term Cloud should have called it cyberspace, wait, that term already exists!

Not sure why they created a new term "Cloud" when the correct term should have been "cyberspace" which means virtual space, virtual world, or virtual universe.

Because the term Remote Server would have been too difficult.

 

[writingdevil]

is this based on fact or feeling?

I'm not a patent lawyer and have no clue how this suit is going to work out,....Apple being sued by smaller companies it decided to ignore and it suing virtually everybody else on the planet who comes close to its product line. "

at least in this post there's honesty about a lack of legal knowledge...which undercuts the rest of the post. have you actually researched how many people are going after apple (and not just trolls like lodys)?

you might check out how many lawsuits apple has instigated. there are times, for legal reasons, the most efficient way to protect your assets is to be proactive about them being copied. if you don't defend a trademark for example, you may lose exclusivity.

somehow it seems some people want a warm fuzzy business world (not an ugly one), but in my experience, warm fuzzy isn't what drives businesses in any city on the planet. i am first in line for world peace and respect for human rights on any corner of the globe, but tying this to a business taking responsible actions (as noted by being the best in one case, top tier in another, for managing a business, ie.forbes, fortune, harvard biz school, etc, etc) seems like a quest to change how business operates and has operated since it first began. for more info on ethics, ask mr. murdoch, a native of a fine country simply using his clout to squash and rule.:

 

[chaosconan]

Campus

Is Apple going to call their new campus iCampus? If they do that would be so COOL

I bet they could make a lot of money if they open up the campus to visitors.
Provide a tour guide at iCampus every month. The tour guide will consist of the original garage where Steve built the first apple computer, showcase all the computers and devices that apple built, including the ones that didn't make the product line. Also include all the prototypes that were on the drawing board and much more...

 

[MagnusVonMagnum]

The meaning is different.
"i" in iRobot means like you and I, where in iMac the "i" means Internet.

So they say... (funny how well it works from iRobot which sounds very SyFy already if you know what I mean based on Asimov's spelling) But OK, does that mean if I create my own iCloud and say the 'i' stands for 'idiotic' or an iPhone where it means "identity", does that mean they don't have a case against me? A trademark is a trademark. If 'i' stands for something, it doesn't sound as if it's part of the actual tradmark. After all, is it Internet Cloud or is it iCloud? And isn't iCloud grammatically incorrect either way?

Is Apple going to call their new campus iCampus? If they do that would be so COOL

See, if Apple would just use the logical extensino of 'a' instead, that campus could be called the giant aRing (or the less "PC" *****).

 

[writingdevil]

maybe i'm missing the point of this post...

Ever file for a trademark?
It's neither cheap (for a small company) or easy...but again, you need to also take into consideration the scope of such searches and the basic understanding of how they work.

Some companies simply lack the resources or even the knowledge on how to do this.

so being small and not having the knowledge on how to research aspects of business required to run a business, means the "rules" don't apply to me? i'm probably much younger than you but my first entrrepreneurial effort was like a college course in biz matters. i had NO idea that a one man operation had all these forms to file, licenses to get, permits to obtain, releases to get from multiple sources, legal traps if certain steps were not taken. a misstep on any one would cost dearly. one did, but it wasn't a killer. at that time i so wanted a "rules don't apply to you, bud, you're just a little fish in the pond."

 

[chaosconan]

Amazon is trying to get into outer space with their ship called Blue Origin (really bad name) and failing bad at it.

Apple's next big project should be the iSpaceShip and succeed where all others failed.
iSpaceShip, It Just works!!!

 

[apolloa]

Hmmmmm:

Since 1985, iCloud Communications has been a local and long distance telephone provider. In this new era of broadband technology, iCloud has launched the most comprehensive, flexible and cost-efficient broadband telephone service available today. The iCloud package provides both business and residential customers with Fortune 500 technology and functionality ~ all at a significant cost savings over traditional phone companies.

http://geticloud.com/why_icloud.html

If I built up a company over 26 years and another IT business just decided to use MY company name without asking me I'd be pretty pissed off too...

I'm sorry but Apple cannot simply just bully it's way to calling it's products and service i-whatever regardless if someone is already using said name.

 

[Popeye206]

Hmmmmm:

Since 1985, iCloud Communications has been a local and long distance telephone provider. In this new era of broadband technology, iCloud has launched the most comprehensive, flexible and cost-efficient broadband telephone service available today. The iCloud package provides both business and residential customers with Fortune 500 technology and functionality ~ all at a significant cost savings over traditional phone companies.

http://geticloud.com/why_icloud.html

If I built up a company over 26 years and another IT business just decided to use MY company name without asking me I'd be pretty pissed off too...

I'm sorry but Apple cannot simply just bully it's way to calling it's products and service i-whatever regardless if someone is already using said name.

Sorry... not to play armchair lawyer, but from what I know of trademarks, names have become so hard to come by that it is allowed for two companies to use the same name as long as it's a different industry. Or, unless they register the name to protect it more.

I'd say it's up in the air (or cloud) as to what will happen.

But to claim damage (like they are) is silly. It's free publicity. And they didn't see this coming??? If they are so close in service (as they claim) don't you think with a name like iCloud (or "i" anything) you'd keep an eye on Apple. Of course you would. And of course... if you really cared you would have said something before launch.... but if you want to profit, you wait.

Amazon is trying to get into outer space with their ship called Blue Origin (really bad name) and failing bad at it.

Image

Apple's next big project should be the iSpaceShip and succeed where all others failed.
iSpaceShip, It Just works!!!

iSpaceship is the new HQ.... shhhhh.... don't tell anyone!

 

[ten-oak-druid]

So why now? Apple made it no secret that they were branding their upcoming cloud service as icloud. It seems to me that this company could have approached Apple before the official announcement. It seems the only benefit of waiting is that the news is more dramatic after the official announcement and that equals greater publicity.

 

[shaynes]

It meant Internet with the first iMac/iBook. After that it started to mean "Apple."

Except for when it means iGoogle or iPlayer (BBC), or any of the other products that came before or after the iBook (the first time I believe Apple used the convention).

Apple is simply the most successful company who uses it, but that doesn't not give them an exclusive right to it.

 

[NinjaHERO]

Wow, the legal fun never stops. The lawyers just keep winning.

 

[Rot'nApple]

One. Never heard of them. Doubt there will be THAT much confusion.

Two. Although iCloud was the name of a Swedish company, these folks I bet never file suit against them for any miscommunication or am I mistaken?

Three. iCloud Communications should attack this at another angle. If Apple doesn't want Amazon or others to use the "app store" in their name, then Apple Inc. should be understanding of iCloud Communications situation and C&D with the iCloud stuff. If Apple can be very specific with regard to app store promotions and the use of the word free and you can't use Mryiad Pro font et.. al. iCloud Communications should have a case I would think.

Four. Apple can whip out its checkbook and assist iCloud Communications to become CloudMe Communications! Or Cloudy Communications! Or Overcast Communications!!!