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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RE[2]: Um... seriously!?!?
by JonathanBThompson on Fri 17th Jun 2011 03:44 UTC in reply to "RE: Um... seriously!?!?"
JonathanBThompson
Member since:
2006-05-26

As I posted previously: the facts are iCloud Communications never filed for a trademark at the federal level. They didn't even file!

It doesn't cost all that much to file and maintain a trademark's legal registration. As such, this certainly looks like a money grab on the part of iCloud Communications. I expect it'll be an uphill battle for them, and it should be.

Reply Parent Score: 1

RE[3]: Um... seriously!?!?
by The1stImmortal on Fri 17th Jun 2011 08:17 in reply to "RE[2]: Um... seriously!?!?"
The1stImmortal Member since:
2005-10-20

As I posted previously: the facts are iCloud Communications never filed for a trademark at the federal level. They didn't even file!

It doesn't cost all that much to file and maintain a trademark's legal registration. As such, this certainly looks like a money grab on the part of iCloud Communications. I expect it'll be an uphill battle for them, and it should be.

IANAL of course, but from what I understand, filing for a trademark is more of a formality to allow others to easily find that you're using the trademark - filing isn't necessary to enforce a claim to a trademark (though it does introduce some good evidence for a claim). I think that may even be part of the reason there's both TM and (R) logos for trademarks.

Reply Parent Score: 3

RE[4]: Um... seriously!?!?
by JAlexoid on Fri 17th Jun 2011 10:04 in reply to "RE[3]: Um... seriously!?!?"
JAlexoid Member since:
2009-05-19

IANAL also, but I recently had a discussion with an IP lawyer on this exact topic.
His quote: "Registering a trademark helps in defense, but not mandatory to protect it. You need to prove that your product is associated with a particular trademark before someone else started using same name."

Reply Parent Score: 5

ourcomputerbloke Member since:
2011-05-12

As I posted previously: the facts are


Dispassionately pointing out facts here seems to be a fruitless exercise when Apple is involved. If one of the site's main contributors openly claims to

dislike Apple as a company


it's highly likely that the sites main audience will feel the same way, which is likely the reason why yours, mine and the other posts pointing out those same facts were duly ignored.

From what I read here it would seem that when it comes to Apple and names, due diligence means not only checking official sources like the USPTO database, their logical and legal requirement, but fulfill some sort of ethical requirement by also doing generic web searches using everyone's favorite search engine to make sure there's absolutely nobody out there that was too lazy or cheap or just plain stupid to do what they should have, which was register the silly name themselves.

Reply Parent Score: -1

RE[4]: Um... seriously!?!?
by Thom_Holwerda on Fri 17th Jun 2011 09:41 in reply to "RE[3]: Um... seriously!?!?"
Thom_Holwerda Member since:
2005-06-29

If one of the site's main contributors openly claims to

dislike Apple as a company

it's highly likely that the sites main audience will feel the same way


Way to selectively quote. You left out the part where I said that I dislike ALL companies.

Unbelievable.

Edited 2011-06-17 09:41 UTC

Reply Parent Score: 3

RE[3]: Um... seriously!?!?
by pantheraleo on Fri 17th Jun 2011 12:53 in reply to "RE[2]: Um... seriously!?!?"
pantheraleo Member since:
2007-03-07

As I posted previously: the facts are iCloud Communications never filed for a trademark at the federal level. They didn't even file!


Again, they don't have to file. If they can prove they were doing business under that trademark before Apple started using the name, they have a valid claim. The U.S. patent and trademark office specifically says you do NOT have to register a trademark to have a valid claim to it.

Edited 2011-06-17 13:00 UTC

Reply Parent Score: 3