

Apple sued over use of iCloud name - mjurek
http://www.tekgoblin.com/2011/06/12/apple-sued-over-used-of-icloud-name/

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necubi
It seems at this point it's more or less impossible for Apple to launch a new
product using the iNoun naming scheme without stepping on somebody else's
trademark. Even if Apple decided to convert their stores into delicious
taquerias, they would find iBurrito already taken[1].

So it makes sense that they've stopped caring, announcing their products
regardless of trademark status. The iPad and even iPhone [2] trademarks were
owned by somebody else at the time of their announcements, and it doesn't seem
to have caused any major trouble to Apple (aside from a likely lucrative
payment for the other party).

[1] <http://www.pancheros.com/iburrito>

[2] <http://www.pcmag.com/article2/0,2817,2082362,00.asp>

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Steko
It's strange how they just go in, get the deal done and never seem to be
overpaying. You've gotta think that everyone who cuts a deal with Apple, later
on when they watch the quarterly results roll in they're like "shit we
shouldda held out for another 10 million".

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alexqgb
If the payouts include stock grants I could see this not being the case.

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ThomPete
What I don't understand is why they did't by the icloud name.

Apple seem to have bought it in 2007 according to the whois records and icloud
communications bought geticloud.com in 2005

Maybe it was too expensive for them to buy before apple snatched it.

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mishmash
Apple just bought it last month - the original registrant (ie. the 2007
creation date) of icloud.com is this company:

<http://www.cloudme.com/en>

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ThomPete
Ahh ok, thanks for the clarification

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Vitaly
As far as I know you can use identical name for a different market. The
question is how narrow can you define the market. Is it 'anything related to
computers and networks', or we can say its 'voip' vs 'online music and
documents and ...'.

Their biggest complaint so far seems to be that apple now completely
overshadowed them in google's search results. Well, duh! Try to look for apple
and see how far down you will find "Apple Corp." - the music label.

The fact that someone comes before you in search is irrelevant.

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AllenKids
Incidentally Apple Inc. now owns the Apple Corps trademark and the Granny
Smith green apple logo.

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Groxx
Well, that didn't take long.

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sabat
_The goods and services with which Apple intends to use the “iCloud” mark are
identical to or closely related to the goods and services that have been
offered by iCloud Communications_

VoIP service is not identical to nor is it closely related to content
synchronization.

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dools
The fact that it's in the same industry is probably relevant enough from a
legal perspective, and I'd say the wording here is lifted directly from the
legal act they're planning on using as the basis of their argument.

IANAL YMMV etc. etc. etc.

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ignifero
Apple seems to have filed 11 trademark applications for icloud, in sectors
ranging from storage, streaming, telecommunications, social networking,
entertainment, clothing, footwear etc. So it's not surprising that they will
receive tons of objections for their applications from anyone who owns a
bussiness with "cloud" in it. I think these are usually settled.

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p0ppe
I quick search suggests that icloud communications doesn't own the trademark
icloud in any categories. There 13 records in the USPTO database, 11
applications by Apple, one by Douglas Dane Barker and one by Xcerion Ab of
Sweden.

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deadbadger
Registration is not a necessary condition for enforcement of trademark rights
(although it obviously helps). In some jurisdictions, of which the USA is one,
an established history of use can be sufficient to establish rights to a given
mark.

So while iCloud Communications do not appear to have a registration for the
marks, that doesn't mean they have no rights to them.

<http://www.uspto.gov/faq/trademarks.jsp#_Toc275426680>

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SeanLuke
My understanding was that registration was necessary if you wanted to have
standing to defend your trademark in federal court. Yet here I Cloud
Communications is suing in US district court.

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codabrink
No offense to all the companies that use the iNoun naming scheme, but they're
kind of playing in a playground that Apple created many years ago. I mean..
had not Apple begun this naming trend with their prodcts, iCloud
communications probably would not have been named iCloud Communications. In my
opinion, this company name was piggybacking off of the reputation of products
like the Apple iMac or Apple iPod to begin with, and with that comes a slight
risk that Apple is going to use your name. iCloud Communications shouldn't act
so surprised that this happened.

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kiiski
The first iMac was introduced in 1998 [1], while iCloud Communications say
that they have been in business since 1985 [2]. Either they changed their name
at some point, or they used "i*" before apple.

1: <http://en.wikipedia.org/wiki/Apple_Inc.#Mac_and_accessories> 2:
<http://geticloud.com/why_icloud.html>

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gort
Odd. The filed legal paper says "iCloud Communications was formed in 2005".

