Apple sued for trademark infringement over iCloud name

iCloud Communications, LLC of Arizona is suing Apple for trademark infringement. The company claims Apple's use of the word iCloud is damaging to its business. According to the lawsuit, iCloud offers cloud computing products and services, telecommunication services, video conferencing and other internet services. The Arizona company is asking for preliminary and permanent injunctive relief, monetary relief and attorney's fees. iCloud Communications is also asking for the destruction of all marketing materials bearing the iCloud name. The suit was filed in the US District Court of Arizona.
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iCloud Communications, LLC of Arizona is suing Apple for trademark infringement. The company claims Apple's use of the word iCloud is...
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Okay. I work in the same industry as iCloud Communications(ICC). They don't share any features of Apple iCloud.
They specialize in VOIP telephones like Vonage but for small businesses.
If they have any similar offerings or features to Apple, they're sold as ancillary service features and are not actual products they manufacture directly.
They have no unique trademark or registration mark on the icloud name on their site... How do you claim trademark infringement when they have none on display?
I think someone saw a quick money grab for their lower tier B2B service provider and is jumping on this in the only way they know how.
1. Apple's iCloud has no phone services tied to it.
2. ICloud isn't offering any data storage services, not even data hosting services like Sharepoint or SalesForce.
3. ICC, even if they did start offering competing services, they don't even currently follow a similar naming schema, one of their packages is called Total Office.
Come on. Money Grabbers.
My company has to deal with a LOT worse miss-associated traffic from a major retailer outside the US, a major news publication, and a VERY popular video game. Our company didn't sue any of them for name infringement.
Suck it up and prove your trademark, otherwise, let it go.
So... let's get this straight.
They RIP OFF Apple Inc's use of the lower-case "i" in front of the name of a common product and have the stones to sue Apple when they release an inevitable product?
iLosers.
It's okay for Apple to sue any company under the sun for using the term app store, but when they do the same thing, they're heroes. Go figure.
June 13 2011 at 1:02 PM Report abuse Permalink rate up rate down ReplyJust thought, if there's a company called iRain they can sue too because they can't rain without a cloud. That's serious damage. It's like wanting to pee but having nothing to pee with. God Apple are thoughtless sods.
June 13 2011 at 12:54 PM Report abuse Permalink rate up rate down ReplyWhat about iRan! Imagine when Apple and Nike release their inevitable running shoe! Apple better get on protecting their trademarks.
June 13 2011 at 5:56 PM Report abuse Permalink rate up rate down ReplyHow can Apple be damaging their business?
99% of the population in the world probably never heard of the Non-Apple icloud.
Now thanks to Apple the whole planet are talking about it, that's got to be good for business, right?
How does that work then? Surely when iCloud was being used by what is now called CloudMe (formally Xcerion) it was damaging then? Why did they not sue them then? Is it because they knew there was no money in it for them against a small company. This all just stinks of let's sue Apple and settle out of court. Apple should go all the way on this one.
June 13 2011 at 10:43 AM Report abuse Permalink +1 rate up rate down ReplyOne more comment about Cloud. Take a look at their current position in the Mac App Store. Number 1 for a similar name ain't too bad.
June 13 2011 at 10:24 AM Report abuse Permalink rate up rate down ReplyIf anyone had the position to make a claim it would be Cloud . Heck their logos are almost the same let alone having some crossover into cloud based services (more so like Dropbox). They may get something out of this, but should be flattered that Apple is creating more exposure for their name than they could have ever gotten through a routine google search. Not too sure how those whole trademark with break down, but I see Apple squashing this one pretty quickly.
June 13 2011 at 10:22 AM Report abuse Permalink rate up rate down ReplyThe company that is filing the suit is not called Cloud...their name is iCloud.
June 13 2011 at 2:33 PM Report abuse Permalink rate up rate down ReplyNo settlement for these guys they have no legal claim to the mark. They also have very bad attorneys as they can not file for legal fees unless they have a registered trademark, which they don't. Their opportunity to protest was 3 years ago when Xcerion filed for the mark. The fact is I'm not even sure they've met the requirements to sue in federal court. This may be kicked without Apple even having to take any action at all. Added to that is the fact that the two products are in different markets. iCloud doesn't include VOIP of Hosting services anyway.
June 13 2011 at 10:12 AM Report abuse Permalink +1 rate up rate down ReplyYou got all that from that on short paragraph , either way i hope they do win . personally can't stand Apple & their CEO.
June 13 2011 at 10:23 AM Report abuse Permalink -3 rate up rate down Reply@kevin - the article here has barely any mention of the facts that every other tech site has been reporting for the past 3-4 days.
Apple bought the "iCloud" trademark from Xcerion.
iCloud Communications never had the trademark on the name and didnt sue Xcerion in the past for the trademark, yet they think they can sue Apple....
I can understand the frustration. They registered their domain name in 2005. One would assume that the idea / company has been around for that long.
However, the claim that iCloud is damaging to its business seems a bit premature. Apple hasn't even started offering their iCloud services yet.
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