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[3]: Um... seriously!?!?
by The1stImmortal on Fri 17th Jun 2011 08:17 UTC 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