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iCloud Communications Files Suit Against Apple Over 'iCloud' Name


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.
Specifically, iCloud Communications is claiming that Apple's heavy promotion of the iCloud product is damaging to its business and has all but removed the branding of the name from itself and placed it onto Apple.

To make matters somewhat worse, there's some accusation that Apple's services are nearly identical to the ones being offered by iCloud Communciations.
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.

Top Rated Comments

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46 months ago
1) Establish company with name iSomeProductYouExpectAppleToRelease.
2) Wait until iSomeProductYouExpectAppleToRelease launches.
3) ???
4) Profit
Rating: 39 Votes
46 months ago
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.
Rating: 26 Votes
46 months ago
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.
Rating: 17 Votes
46 months ago
Come at me bro
Rating: 16 Votes
46 months ago


iCloud Communications had ample time to work with CloudMe the former owners of the iCloud domain to prevent confusion.


Very salient point.
Rating: 13 Votes
46 months ago
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:
Rating: 12 Votes
46 months ago


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.


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).

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.


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

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


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.
Rating: 10 Votes
46 months ago

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.


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

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.


Registering a trademark is not obligatory. Failure to do so does not make the trademark invalid at all. It is completely optional.
Rating: 7 Votes
46 months ago

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.


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.
Rating: 6 Votes
46 months ago
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.
Rating: 6 Votes

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