Got a tip for us? Share it...

New in OS X: Get MacRumors Push Notifications on your Mac

Resubscribe Now Close

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

(View all)

42 months ago

They're a VoIP company, why are they called iCloud? lol

Their website sucks. I should redesign it.


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
Rating: 54 Votes
42 months ago
1) Establish company with name iSomeProductYouExpectAppleToRelease.
2) Wait until iSomeProductYouExpectAppleToRelease launches.
3) ???
4) Profit
Rating: 53 Votes
42 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: 38 Votes
42 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.
Rating: 31 Votes
42 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: 25 Votes
42 months ago
Come at me bro
Rating: 21 Votes
42 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: 20 Votes
42 months ago
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.
Rating: 17 Votes
42 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: 14 Votes
42 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

[ Read All Comments ]