Linked by pantheraleo on Thu 16th Jun 2011 21:21 UTC
Legal Just as Apple wraps up one lawsuit with Nokia, they have been hit with another one by a Phoenix based company named iCloud Communications. iCloud Communications, a VoIP vendor, claims that Apple's new iCloud causes confusion with competing products, and has harmed their image because anytime someone hears the name 'iCloud', they will now think of Apple instead of iCloud Communications. Super-Instant Pre-publication 5000W Turbo Update from Thom: ...and we have another one.
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whoops
by TechGeek on Thu 16th Jun 2011 22:56 UTC
TechGeek
Member since:
2006-01-14

While most people would call me an Apple hater, you can't deny the truth that both companies had legitimate businesses using their respective trademarks. Apple should have been more careful with name selection. Or they did it deliberately thinking they can't lose. If thats the case then they should be punitively fined. Trademarks are a searchable register after all.

Reply Score: 7

RE: whoops
by JonathanBThompson on Fri 17th Jun 2011 03:39 in reply to "whoops"
JonathanBThompson Member since:
2006-05-26

Whoops isn't on the part of Apple: iCloud Communications was too damned cheap and stupid to register their mark federally, and Apple has iCloud legally filed long before this suit came out. All you have to do is do a search on uspto.gov and it's easy to see: there's a filed application by an individual by the name of Douglas Dane Baker, one by Xcerion AB CORPORATION SWEDEN that's a registered trademark, and every other filing is by Apple inc.

My last check was that it cost about $400 to get a trademark registered in the US uspto.gov website. Any business that's serious can afford to pay to register their trademark at the federal level. iCloud Communications deserves to have their butt handed to them for sheer stupidity.

Reply Parent Score: 2

RE[2]: whoops
by JAlexoid on Fri 17th Jun 2011 10:07 in reply to "RE: whoops"
JAlexoid Member since:
2009-05-19
RE[2]: whoops
by pantheraleo on Fri 17th Jun 2011 12:52 in reply to "RE: whoops"
pantheraleo Member since:
2007-03-07

Whoops isn't on the part of Apple: iCloud Communications was too damned cheap and stupid to register their mark federally


Doesn't matter. You do not have to federally register a trademark. If you were doing business under that trademark before another company registered it, that is legal basis for establishing a trademark claim. That comes directly from the patent and trademark office.

Reply Parent Score: 3

RE: whoops
by frderi on Fri 17th Jun 2011 06:03 in reply to "whoops"
frderi Member since:
2011-06-17

If you pick your company name in order to resemble a line of products in use by a popular tech company in order to benefit from the associated publicity freeload from their brand image, you shouldn't be too surprised when the name you've chosen eventually gets picked for use by that company as well.

Maybe they should consider asking money to Apple AFTER they've compensated them for all those years of gratuit publicity due to illicit brand association.

Reply Parent Score: 1

RE[2]: whoops
by phoudoin on Fri 17th Jun 2011 10:47 in reply to "RE: whoops"
phoudoin Member since:
2006-06-09

Illicit?
Since when Apple get granted the exclusive right to use single letter "i" prefix in a mark?!

Answer: never.

So, not illicit, and no compensation due.

Edited 2011-06-17 10:49 UTC

Reply Parent Score: 3

RE: whoops
by atsureki on Sat 18th Jun 2011 20:09 in reply to "whoops"
atsureki Member since:
2006-03-12

Or they did it deliberately thinking they can't lose.


Yeah, I was checking the comments for someone to catch this one. I'm sure someone at Apple googled iCloud before the name got greenlit, and when they found it, the logic probably went something like this:

We could just buy iCloud, but we don't really want them.

We could make an offer on the trademark, but they might refuse.

We could go ahead and use the name, but they'll probably sue. But, it'll be pointless to get an injunction, because the web will be alight with our product and they'll be buried already.

If they sue, we'll settle, probably for about what we would have offered for the name in the first place. But if we make an offer for their name before they sue, they have direct evidence that we were aware of their name before we took it, and thus a stronger court case and higher damages/settlement.

Optimal approach: just use the name, and deal with them when and if they pop up.

tl;dr: Apple made the optimal business decision. iCloud will probably make more than enough in settlement to replace all their letterhead and inform their customers.

Reply Parent Score: 2

RE[2]: whoops
by tupp on Sun 19th Jun 2011 06:35 in reply to "RE: whoops"
tupp Member since:
2006-11-12

Love it when fanboys show us how Apple has planned everything in a crisis.

At least they admit that Apple didn't invent iNames.

Edited 2011-06-19 06:36 UTC

Reply Parent Score: 2

RE[2]: whoops
by mkone on Sun 19th Jun 2011 13:14 in reply to "RE: whoops"
mkone Member since:
2006-03-14

"Or they did it deliberately thinking they can't lose.


Yeah, I was checking the comments for someone to catch this one. I'm sure someone at Apple googled iCloud before the name got greenlit, and when they found it, the logic probably went something like this:

We could just buy iCloud, but we don't really want them.

We could make an offer on the trademark, but they might refuse.

We could go ahead and use the name, but they'll probably sue. But, it'll be pointless to get an injunction, because the web will be alight with our product and they'll be buried already.

If they sue, we'll settle, probably for about what we would have offered for the name in the first place. But if we make an offer for their name before they sue, they have direct evidence that we were aware of their name before we took it, and thus a stronger court case and higher damages/settlement.

Optimal approach: just use the name, and deal with them when and if they pop up.

tl;dr: Apple made the optimal business decision. iCloud will probably make more than enough in settlement to replace all their letterhead and inform their customers.
"

Well, maybe, except for the point at which Apple found the owner of the trademark and the domain (Xcerion) and bought both from them. But don't let facts get in the way of the conspiracy.

Reply Parent Score: 1