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Apple sued over ‘iCloud’ moniker

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By Charles Starrett

Contributing Editor
Published: Friday, June 10, 2011
News Categories: Apple, iCloud

A company named iCloud Communications has filed suit against Apple, alleging infringement over the name of the company’s new iCloud service. The Next Web reports that iCloud Communications is claiming Apple’s heavy promotion of the new service is damaging to its business, which it contends are closely related to the services that Apple’s iCloud will offer. As noted by Mac Rumors, iCloud Communications does not appear to hold any registered trademarks associated with the iCloud name. The suit is seeking an injunction barring Apple from using the iCloud name, destruction of all marketing materials and other items referencing to the service, and monetary damages.

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Comments

1

If nothing else, they’ll get some significant publicity over this!

Posted by rockmyplimsoul on June 10, 2011 at 5:07 PM (PDT)

2

@1: Which, of course, would seem to be the point with something like this. If you didn’t hold any registered trademarks for “iCloud” AND you’d allowed the many other “iCloud” elements to exist without challenge (iCloud.com - which Apple did buy), you clearly were purely a small potatoes operation.

Whatever awareness of the iCloud moniker Apple’s marketing blitz is bringing to your company is a magnitude greater than they could have possibly achieved on their own, and the lawsuit merely serves to underline the free advertising Apple is bringing to them.

Posted by Code Monkey in Midstate New York on June 10, 2011 at 6:09 PM (PDT)

3

Apple OWNS THE TRADEMARK for iCloud.  It has all the right to use iCloud.

Since iCloud Communications does NOT have the trademark for iCloud, it DOES NOT have the standing to sue Apple.  In fact, Apple can SUE iCloud Communications for using Apple’s iCloud Trademark.

Here is the data from the US Patent and Trademark Office:


Word Mark   ICLOUD
Goods and Services   IC 045. US 100 101. G & S: Online social networking services; providing a social networking website
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335817
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:41 PM (PDT)

4

And another Apple Trademark registration:


Word Mark   ICLOUD
Goods and Services   IC 040. US 100 103 106. G & S: Electronic recording of photographic and digital images; photographic film developing; photographic film printing; photographic and digital image processing, printing, and reproduction; on-line processing, developing and delivery of digital images; on-line printing of digital images onto photographic paper, photographic books or merchandise; advisory and consultancy services relating to all the aforesaid
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335810
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   May 9, 2011
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:45 PM (PDT)

5

And another Apple Trademark registration for iCloud:


Word Mark   ICLOUD
Goods and Services   IC 039. US 100 105. G & S: Electronic storage of data, text, images, audio, and video; storage services for archiving electronic data; information and consultation in connection therewith
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335805
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   May 9, 2011
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:45 PM (PDT)

6

Here’s another APPLE TRADEMARK registration for iCloud from the US Patent and Trademark Office.  Apple owns several uses for iCloud:


Word Mark   ICLOUD
Goods and Services   IC 042. US 100 101. G & S: Application service provider (ASP) services featuring computer software; computer hardware and software consulting services; information relating to computer hardware or software provided on-line from a global computer network or the Internet; creating and maintaining web-sites; hosting the web-sites of others; providing search engines for obtaining data via communications networks; providing search engines for obtaining data on a global computer network; information, advisory and consultancy services relating to all the aforesaid.; operating search engines; creating indexes of online information, sites and other resources available on global computer networks for others
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335813
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:46 PM (PDT)

7

Here’s another Apple Trademark for iCloud:

Word Mark   ICLOUD
Goods and Services   IC 041. US 100 101 107. G & S: Educational and entertainment services
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335812
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:47 PM (PDT)

8

And another Apple trademark registration for iCloud:

Word Mark   ICLOUD
Goods and Services   IC 028. US 022 023 038 050. G & S: Electronic hand-held game units; computer game apparatus other than coin operated or those adapted for use with television receivers
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335793
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   TRADEMARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James katt on June 10, 2011 at 7:49 PM (PDT)

9

And yet another Apple Trademark for iCloud:


Word Mark   ICLOUD
Goods and Services   IC 038. US 100 101 104. G & S: Telecommunications; telecommunication access services; communications by computer; communication between computers; delivery of digital music by telecommunications; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; delivery of messages by electronic transmission; delivery of digital music by telecommunications; electronic mail services; streaming of video content via a global computer network; electronic transmission of audio and video files via communications networks; information, advisory and consultancy services relating to all the aforesaid
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335801
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:50 PM (PDT)

10

Here you go, another Apple Trademark registration for iCloud.  Apple OWNS iCLOUD.

Word Mark   ICLOUD
Goods and Services   IC 035. US 100 101 102. G & S: Advertising, marketing, and promotion services; advertising and marketing consultation; sales promotion services; promoting the goods and services of others; conducting market research; analysis of advertising response and market research; design, creation, preparation, production, and dissemination of advertisements and advertising material for others; computerized database and file management; data processing services; computerized data storage and retrieval services; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others; searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; organizing content of information provided over a global computer network and other electronic and communications networks according to user preferences; providing an online searchable database of text, data, image, audio, video, and multimedia content; providing business and commercial information over computer networks and global communication networks; business services, namely, dissemination of advertising for others via computer networks and global communication networks; compilations of directories for publishing on the Internet and other electronic, computer and communications networks; retail store and online retail store services; retail store services provided via the Internet and other computer, electronic and communications networks; subscription services, namely, providing subscriptions to text, data, image, audio, video, and multimedia content, provided via the Internet and other electronic and communications networks; downloadable pre-recorded text, data, image, audio, video, and multimedia content for a fee or pre-paid subscription, provided via the Internet and other electronic and communications networks. arranging and conducting of commercial, trade and business conferences, shows, and exhibitions; information, advisory and consultancy services relating to all the aforesaid
Standard Characters Claimed  
Mark Drawing Code   (4) STANDARD CHARACTER MARK
Serial Number   85335798
Filing Date   June 1, 2011
Current Filing Basis   1B;44D
Original Filing Basis   1B;44D
Owner   (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014
Attorney of Record   Thomas R. La Perle
Priority Date   December 7, 2010
Prior Registrations   3744821
Type of Mark   SERVICE MARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

Posted by James Katt on June 10, 2011 at 7:51 PM (PDT)

11

12 of 13 Official Trademark Registrations for iCloud are OWNED by Apple.

iCloud Communications OWNS NONE of the existing trademarks for iCloud.

Apple OWNS iCloud. Period.

Posted by Jameskatt on June 10, 2011 at 7:55 PM (PDT)

12

@11: A lot of WoT to tell us what we already knew. However, while owning trademarks *helps*, it would mean bupkiss IF iCloud Communications can show Apple shouldn’t have been granted those trademarks (*cough*App Store*cough*) in the first place. The company has been in business since 2005, those filings are from 2010 and 2011.

To some degree or another, iCloud Communications owns, at the least, the trademark of “iCloud Communications” (registration is more of a technicality than prerequisite). What that means for Apple will, as too often, get decided in the courts although I lean heavily to Apple’s side just as a matter of the weight of the evidence. Clearly ICC never bothered to challenge or attempt to acquire the other uses and variants of iCloud out there even though they’ve had years to do so, whereas Apple’s activities in that vein were widely reported news for several months. The odds are that since ICC waited until now to start complaining, they won’t be found to have defended their trademark and it will pass to Apple.

Posted by Code Monkey in Midstate New York on June 11, 2011 at 9:45 AM (PDT)

13

.... Yeah but icloud communications didn’t register the trade mark…
There is a difference between trading as a same named entity and trading under a same named entity with a trade mark. It also specifies what ur trading the mark as…

Posted by Rob on June 12, 2011 at 6:07 AM (PDT)

14

A Trademark is given for specific services.  And many companies can use the same trademark for different services.

For example,  Apple used the “Apple” trademark for computers, while Apple Music used the “Apple” trademark for music.  Both co-existed for decades.

Of course,  Apple was much more recognized than Apple Music (which only handled the Beatles music).

iCloud Communications uses “iCloud” for VOIP services.
Apple uses “iCloud” for all other services except for VOIP - including computer services, internet services, books, tshirts, coffee mugs, etc. etc.

Both can coexist.

Thus, iCloud Communications has no argument.  And they will certainly lose the lawsuit.

Posted by James Katt on June 12, 2011 at 12:54 PM (PDT)

15

Remember how apple would go after any company putting an “I” at the front of any word in the dictionary.

I love it that it is now happening to them.  I hope they have to pay thru the nose.

Posted by Mike on June 13, 2011 at 11:32 AM (PDT)

16

“As noted by Mac Rumors, iCloud Communications does not appear to hold any registered trademarks associated with the iCloud name”


Whoops…wanted…leg to stand on!

Posted by Marco White on June 13, 2011 at 9:08 PM (PDT)

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