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Apple Sued Over Use of iCloud Name

tekgoblin writes "iCloud Communications is suing Apple for the use of the iCloud name which they have the rights to. According to the lawsuit: '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 under the iCloud Marks since its formation in 2005. However, due to the worldwide media coverage given to and generated by Apple’s announcement of its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple, the media and the general public have quickly come to associate the mark “iCloud” with Apple, rather than iCloud Communications.'"

394 comments

  1. The fools... by namgge · · Score: 5, Funny

    Do they not realise that Apple own the letter 'i'?

    1. Re:The fools... by levis501 · · Score: 1

      Ha, you beat me to it!

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      Account -> Discussions -> Disable Sigs
    2. Re:The fools... by Anonymous Coward · · Score: 1

      If I were them, I would cut a deal to piggy back on the Apple brand somehow. I've never even heard of that company before this lawsuit. This is a Good Thing!

    3. Re:The fools... by chill · · Score: 3, Insightful

      That'd be fun. Sesame Street as prior art!

      --
      Learning HOW to think is more important than learning WHAT to think.
    4. Re:The fools... by Anonymous Coward · · Score: 0

      Well hopefully apple is going to get CRAPPED all over big time at last

    5. Re:The fools... by Anonymous Coward · · Score: 2, Informative

      What I don't get is the fact that Apple currently owns the iCloud trademark. iCloud Communications does not have any filed trademark. Maybe I just am not getting it, but if someone is claiming Trademark infringement, don't they actually need to have *a* trademark?

    6. Re:The fools... by trust_jmh · · Score: 1

      So true. Just ask Nintendo about the Wii, they will confirm it.

    7. Re:The fools... by coolmadsi · · Score: 1

      Do they not realise that Apple own the letter 'i'?

      They do? Someone had better tell the BBC the bad news...

    8. Re:The fools... by arisvega · · Score: 1

      Of course they do. They have been waiting for this since their formation, in 2005.

      --
      The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
    9. Re:The fools... by improfane · · Score: 1

      Easy, society has shortened words in this fashion for generations*. You could call it a portmanteau but with only the first letter taken.

      You can easily claim that iplayer is short for 'internet player'. Email is electronic and mail. Blog is web and log.

      I don't know the name of the process of a single-letter portemantaeu. *I can't think of any before the internet age but then I've not been alive that long and it's most likely we've forgotten the affixes through time. That is the beauty of the birth of two new words.

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    10. Re:The fools... by Jeremiah+Cornelius · · Score: 1

      Grasshopper always wrong in argument with chicken.
      -- Book of Chao

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    11. Re:The fools... by war4peace · · Score: 1

      *I can't think of any before the internet age but then I've not been alive that long and it's most likely we've forgotten the affixes through time. That is the beauty of the birth of two new words.

      ACME. -tron. -ism. All being born way, WAY before Internet came to be.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    12. Re:The fools... by Lunix+Nutcase · · Score: 3, Interesting

      Just so you know, you do not have to file in order to receive a trademark.

    13. Re:The fools... by ehrichweiss · · Score: 1

      No, iCloud Communications can dispute the trademark by showing they were using the term first. I think they have up to 8 years to dispute. Look at the "Lennon" trademark fiasco a few years ago. Some unknown singer whose first name was Lennon tried to trademark the name and Yoko Ono had to snatch it from her at the last minute after seeing how she had manipulated the system. Yoko had not filed for a trademark previously but was able to take it since the Lennon name had been around longer than the singer...

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      0x09F911029D74E35BD84156C5635688C0
    14. Re:The fools... by jonbryce · · Score: 1

      And their main competitors ITV I believe Apple are aware of them, because they called their TV product the Apple TV rather than the iTV.

    15. Re:The fools... by mwvdlee · · Score: 2

      No.
      Like copyright, you don't need to register a trademark, it just makes it a lot easier to defend in court if you do.

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    16. Re:The fools... by Anonymous Coward · · Score: 0

      Do they not realise that Apple own the letter 'i'?

      Oh yeah. Wait'll they infringe on my iWank trademark!

    17. Re:The fools... by MichaelSmith · · Score: 1

      Do they not realise that Apple own the letter 'i'?

      Oh yeah. Wait'll they infringe on my iWank trademark!

      Can you prove that you have been using it?

    18. Re:The fools... by John+Bresnahan · · Score: 1

      Actually, I believe that Wyle E. Coyote has the Trademark on "Acme".

    19. Re:The fools... by cheeks5965 · · Score: 0
      California has used portmanteaus for a long time. They have a fetish for them

      CalTrans, CalTech, etc.

      what is an iplayer? I've never heard of that one.

      --
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    20. Re:The fools... by Anonymous Coward · · Score: 1

      The courts already declared years ago that nobody can own a letter or even a prefix. The only reason why McDonalds gets away with suing people over the Mc prefix is because nobody that has tried to use the Mc prefix so far has enough money to outlast the McLawyers long enough for the final verdict to get in.

      Again, it probably isn't the rules and laws that will determine the end result, but rather who can pay the most for lawyers.

    21. Re:The fools... by pinkushun · · Score: 1

      And all others that fall under their self-titled iDiots range.

    22. Re:The fools... by Gnavpot · · Score: 3, Informative

      The courts already declared years ago that nobody can own a letter or even a prefix. The only reason why McDonalds gets away with suing people over the Mc prefix is because nobody that has tried to use the Mc prefix so far has enough money to outlast the McLawyers long enough for the final verdict to get in.

      Well, perhaps nobody in the USA were willing to take the court fight all the way, but here in Denmark someone actually defended himself all the way to the supreme court and won.

      Quoted from http://en.wikipedia.org/wiki/McDonald's_legal_cases :

      "McAllan (Denmark)

      In 1996, McDonald's lost a legal battle at the Danish Supreme Court to force Allan Pedersen, a hotdog vendor, to drop his shop name McAllan.[10] Pedersen had previously visited Scotland on whisky-tasting tours. He named his business after his favorite brand of whisky, MacAllan's, after contacting the distillery to see if they would object. They did not, but McDonald's did. However, the court ruled customers could tell the difference between a one-man vendor and a multi-national chain and ordered McDonald's to pay 40,000 kroner ($6,900) in court costs. The verdict cannot be appealed."

    23. Re:The fools... by Anonymous Coward · · Score: 0

      Raise your hand if you think Apple will just buy this company to make the lawsuit go away.....

  2. Trademark... by Anonymous Coward · · Score: 0

    Then why didn't they apply for a trademark? Why didn't they complain when that Swedish company Apple bought iCloud.com from registered the iCloud trademark in the US?

    1. Re:Trademark... by nattt · · Score: 2

      Exactly! If you want to protect it, trademark it. Did they name their company with an "i" post iPod or pre "ipod" though?

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      -- oldthinkers unbellyfeel ingsoc
    2. Re:Trademark... by magarity · · Score: 4, Informative

      Then why didn't they apply for a trademark?

      Because they're not just 'iCloud' - they're 'iCloud Communications'. They think the name Apple picked is too close to their own name. Kind of like 'Apple Computer' is similar to 'Apple Music' and one might think they are two subsidiaries of the same company, like 'Sony Computer' and 'Sony Music'.

    3. Re:Trademark... by Trillinon · · Score: 4, Informative

      Because you don't have to apply for a trademark to have it legally protected. It helps, sure, but it isn't required. If the report is true, and iCloud has been operating under that name since 2005, then Apple is in the wrong.

      That said, there is an argument to be made that iAnything means Apple. Legally, it would be impossible to enforce, but culturally, it's very much the case.

    4. Re:Trademark... by Anonymous Coward · · Score: 0

      True, registering a trademark is not required to have it protected. Defending it is however.

      They, iCloud Communications, did not defend the trademark when CloudMe registered the mark in the US. What case do they have against Apple then?

    5. Re:Trademark... by deains · · Score: 2

      Except for iPlayer.

    6. Re:Trademark... by gnasher719 · · Score: 3, Informative

      Because you don't have to apply for a trademark to have it legally protected. It helps, sure, but it isn't required. If the report is true, and iCloud has been operating under that name since 2005, then Apple is in the wrong.

      Apple bought the trademarks for iCloud from Xcerion, which owned them for almost two years. iCloud Communications had lots and lots of time to do something about Xcerion and didn't. Now that Xcerion got 4.5 million dollars for the trademark they want to get in on the deal. It's too late.

    7. Re:Trademark... by UnknowingFool · · Score: 3, Informative

      What the OP means that iCloud Communications has not filed for a trademark for either "iCloud Communciations" nor the tradename "iCloud." At least none that can be found.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:Trademark... by UnknowingFool · · Score: 1

      If you sue for trademark infringement, you kinda have to own the trademark. You can't sue for copyright infringement if you don't own nor registered the copyrights as SCO tried a few years ago.

      --
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    9. Re:Trademark... by NNKK · · Score: 2

      Mere registration does not establish priority, you must actually be using the name in commerce. Objecting to an application is possible, but not required. If iCloud Communications _actually_ used it first (or _possibly_ if they continued to use it when Xcerion did not), iCloud Communications wins. (I have no idea if this is actually the case here, though.)

      That said, I expect the lawyers on both sides are currently wrangling over exactly how many zeros will be involved in quietly dropping the case.

    10. Re:Trademark... by Anonymous Coward · · Score: 0

      Is this about copyright, or was the SCO issue about trademarks? Please take care to think about what you're thinking about before formulating it into words.

    11. Re:Trademark... by Local+ID10T · · Score: 1

      If you sue for trademark infringement, you kinda have to own the trademark..

      You do not have to register a trademark in order to hold the rights to it. It certainly does help your court case, but it is not a requirement.

      --
      "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
    12. Re:Trademark... by Culture20 · · Score: 1

      Did they name their company with an "i" post iPod or pre "ipod" though?

      Who cares? Lots of successful products were little "i", big whatever prior to iPods, including something that is a _lot_ like the current iPod touch (software excluded): the iPaq. e-FOO and i-FOO were quite common around the beginning of the Internet (to mark elecrtonic-FOO or Internet-FOO), then it was just a cool letter to prepend words with like "X".

    13. Re:Trademark... by Culture20 · · Score: 2

      That said, there is an argument to be made that iAnything means Apple.

      No there isn't. iPaq. iPlayer. iOS (not the new version), iMail, IHOP, iCloud...

    14. Re:Trademark... by Anonymous Coward · · Score: 0

      Copyright is more my thing, but according to the wikipedia article on trademarks it says that an unregistered trademark may be legally defended, but may be geographically limited. Makes sense. Anonymous Coward's Internet Cheese is a small cheese company in Elbonia, and seeing no future expansion beyond the borders of our fictional home we didn't register a trademark. Having used the name for some time now we will have a decent case should some upstart from another country decided to try to trade in Elbonia under the same name.

    15. Re:Trademark... by MysteriousPreacher · · Score: 1

      Yeah, and there's no requirement to register a copyright. Everything thing produced automatically becomes copyrighted so long as it can be copyright protected. The Berne convention standardised this in most countries.

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      -- Using the preview button since 2005
    16. Re:Trademark... by Kalriath · · Score: 1

      IOS has an uppercase I. It's an acronym for "Internetwork Operating System".

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    17. Re:Trademark... by UnknowingFool · · Score: 1

      SCO tried to claim both the copyright and the trademark to Unix. The USPTO denied them on the trademark because their records showed that The Open Group owned the trademark. They tried to register the copyrights to Unix System V code; Novell also did the same thing. That's what Novell v SCO was partially about: who actually owned the copyrights and whether those rights were transferred in the 1995 APA. A court later decided that Novell owned the copyrights.

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    18. Re:Trademark... by UnknowingFool · · Score: 1

      My bad. You would certainly think that before you file a lawsuit about it, you would check with your lawyers as to whether you actually registered them.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    19. Re:Trademark... by TubeSteak · · Score: 1

      I'm not sure why everyone keeps pointing out that iCloud Communications has not filed for a trademark.
      Trademark law, just like copyright law, does not require you to register in order to be covered.

      --
      [Fuck Beta]
      o0t!
    20. Re:Trademark... by node+3 · · Score: 2

      Then why didn't they apply for a trademark?

      Because they're not just 'iCloud' - they're 'iCloud Communications'. They think the name Apple picked is too close to their own name. Kind of like 'Apple Computer' is similar to 'Apple Music' and one might think they are two subsidiaries of the same company, like 'Sony Computer' and 'Sony Music'.

      The name Apple picked as being "too close" to iCloud Communications' name was already picked by another company, years ago. Apple bought it from the people who actually registered it.

      So, why is it only just *now* that iCloud Communications cares? And why is it just *now* that so many Slashdot nerds care? It's certainly not about the law or the principle, as those haven't changed. It's about one and *only* one thing: Apple.

    21. Re:Trademark... by seanvaandering · · Score: 1

      That said, there is an argument to be made that iAnything means Apple.

      No there isn't. iPaq. iPlayer. iOS (not the new version), iMail, IHOP, iCloud...

      You do realize that you can get apples baked right into your pancakes?

    22. Re:Trademark... by UnknowingFool · · Score: 2

      When suing for trademark violation, a company is asserting that its brand is so valuable that it needs protecting. How valuable can iCloud's name be if they didn't bother to register for a trademark? Remember iCloud isn't a new company; they've been around long enough to register the name. That's the point. According to the USPTO while a trademark does not need to be registered, it should be registered especially if the mark is intended to be used nationwide. Before using the iCloud name, Apple themselves appeared to search for the trademark and register it. Apple also appeared to buy the domain name iCloud.com and perhaps the trademark from Xcerion. At a minimum Apple can argue that iCloud cannot claim a trademark.

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    23. Re:Trademark... by yeshuawatso · · Score: 1

      In most cases, to bring suit, the company claiming trademark infringement must have registered the trademark, however a trademark can be inherited too. For instance, if iCloud Communication taught their customers that iCloud was associated with iCloud Communications, then they have a valid trademark. Same thing goes for anything taught to the consumer that utilizes any of your five senses. When a company fails to file for their trademark, it doesn't mean that the next business that comes along can use it willy nilly. It just means that it will be harder for them to file a lawsuit in Federal court. iCloud Communications is using the name in commerce, it is original and distinctive, therefore, they have trademark protections at least in their state of operations. If they are operating out of California, New York, or Texas, then Apple could see a big chunk of revenue go missing in these states, or may have to sell their iCloud service under another name.

    24. Re:Trademark... by twidarkling · · Score: 1

      Well, as for the reason they care now as opposed to before is because that other company wasn't really doing much with it, since apparently most people had never heard of them, and I doubt it was very similar to the company's niche. Now that Apple is doing things with it, and it's getting tons of publicity, it's finally possible that it will actually damage their business.

      As for why /. nerds care, yeah, Apple. I feel that iCloud should have registered ages ago as a simple precautionary measure, though I bear no particular investment in either side's victory, being neither a user of Apple products nor a citizen of the US. I'm mostly interested in seeing what the inevitable ruling/settlement shakes out as.

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    25. Re:Trademark... by node+3 · · Score: 1

      The reason iCloud Communications (there's no entity involved named 'iCloud') cares now is they see $$. Xcerion has had the registered trademark and the domain name for years. If iCloud Communications really cared, one must wonder why they never did anything before? You'd think that if the name was so important to them, they would have wanted the domain, so it's not like they didn't know of the existence of this other company.

      And *had* they done that, and won, *they* would have received the many millions Xcerion got from Apple. It wasn't until Apple entered the picture, it seems, that iCloud Communications decided their (unregistered) trademark was worth defending.

    26. Re:Trademark... by twidarkling · · Score: 1

      You're either very cynical, or not remembering that trademarks only apply to situations where there's a reasonable amount of overlap in business. If iCloud Communications either felt the business was dissimilar enough, or was unaware of the previous existence of Xcerion's use, then they aren't in any instance at fault for not pursuing it. Since the business scope is different between Xcerion and Apple, that changes the equation, and I reiterate, they may now feel the scope Apple brings will harm their business.

      As for the domain issue, they have icloudcommunications.com, and it redirects to geticloud.com. Obviously they have a web presence, so is it unreasonable to assume they simply didn't think/want to register just "icloud.com" for whatever reason? Assuming everyone's scumsucking and out to screw over everyone else is a good way to become like that yourself, so again, I'm going to assume both parties are simply doing the best they can for their business, until someone proves otherwise.

      --
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    27. Re:Trademark... by sribe · · Score: 1

      Because you don't have to apply for a trademark to have it legally protected. It helps, sure, but it isn't required. If the report is true, and iCloud has been operating under that name since 2005, then Apple is in the wrong.

      Well no, they're not really in the wrong in any real sense. Yes, you do not have to register a trademark in order to have legal rights that you can defend. But if you don't register, you can't really expect other companies to know about your trademark either. So although Apple could possibly be on the losing end of a legal action, they're not "in the wrong" because you cannot argue that they should have magically known about the use of this mark by some obscure little dumbfucks too stupid to register their use of the mark--especially since there was another company who did register a trademark, and Apple found that and bought the mark from them. Really, this is a huge deal, there was another company using the mark who registered it, and iCloud communications did nothing about that. That right there probably sinks any legal claim they otherwise would have had.

    28. Re:Trademark... by node+3 · · Score: 1

      iCloud Communications is a VOIP company. Apple's iCloud is not a VOIP system. It is, in fact, quite similar to the Xcerion iCloud service, which is now at cloudme.com. Feel free to look into it yourself.

      Obviously they have a web presence, so is it unreasonable to assume they simply didn't think/want to register just "icloud.com" for whatever reason?

      If iCloud is an important mark for them, it's not reasonable to assume they didn't think about that domain. That doesn't mean they didn't, we all do things that don't make sense from time to time. But it does raise the question as to why they didn't.

      To keep a trademark, you actually have to actively defend it. iCloud Communications has had a lot of time to defend it, and didn't. *Maybe* they didn't know about icloud.com, but it's somewhat strange they wouldn't have looked into it if it was so important to them.

      On the other hand, seeing the many millions of dollars Xcerion got for a domain name and a trademark that they seem to think they have some rights to has gotta sting.

    29. Re:Trademark... by snowgirl · · Score: 1

      Because you don't have to apply for a trademark to have it legally protected. It helps, sure, but it isn't required. If the report is true, and iCloud has been operating under that name since 2005, then Apple is in the wrong.

      Apple bought the trademarks for iCloud from Xcerion, which owned them for almost two years. iCloud Communications had lots and lots of time to do something about Xcerion and didn't. Now that Xcerion got 4.5 million dollars for the trademark they want to get in on the deal. It's too late.

      This is assuming the iCloud Communications were aware that Xcerion had registered the "iCloud" trademark and were using it. It's not actually as obvious as one might imagine. I mean, Apple apparently managed to overlook a whole company named iCloud...

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    30. Re:Trademark... by snowgirl · · Score: 1

      Then why didn't they apply for a trademark?

      Because they're not just 'iCloud' - they're 'iCloud Communications'. They think the name Apple picked is too close to their own name. Kind of like 'Apple Computer' is similar to 'Apple Music' and one might think they are two subsidiaries of the same company, like 'Sony Computer' and 'Sony Music'.

      Apple vs Apple was brought to court because Apple (the music company) was worried that adding sound and speakers to the computers meant that Apple (the computer company) was encroaching upon their business sector. If Apple (the computer company) had never gotten anywhere near music, Apple (the music company) would have never had a shot in hell to raise a stink, because trademarks are separated by markets. Thus, there is nothing wrong with having a company named "Apple" if you're a hardware store, or fruit store, or such. You just can't use the mark "Apple" in markets where someone has already been operating: music and computers the two most well known.

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  3. Happened before? by RobinEggs · · Score: 1

    I could swear I've read this story before...

    I'm not an especially strong Apple hater, but haven't there been other stories on slashdot about Apple blatantly rolling over other companies copyrights or trademarks for names and concepts that sound similar to potential Apple products?

    1. Re:Happened before? by sentientbeing · · Score: 5, Informative

      Apple Music. The Beatles label.

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      beware he who would deny you access to information, for in his mind he dreams himself your master
    2. Re:Happened before? by Anonymous Coward · · Score: 0

      CISCO. The IP Phone

    3. Re:Happened before? by Richard_at_work · · Score: 2

      You did hear this before - the iPhone was a similar situation, with Apple launching and Cisco already owning a product called the iPhone. They settled it amicably (in other words, Apple bought Cisco off).

    4. Re:Happened before? by Anonymous Coward · · Score: 0

      You mean the CISCO iPhone that Apple payed money to the trademark holder in exchange for the rights to use?

    5. Re:Happened before? by frozentier · · Score: 1

      The Beatles company was Apple Records, a subsidiary of Apple Corps. They never had or were affiliated with a company called Apple Music.

    6. Re:Happened before? by Arker · · Score: 2

      Did Apple pay them off separately for ios?

      That one is particularly annoying, as it has been around for a very long time and well established, and now we have all these technical illiterates that would never be able to configure a router running around gushing about ios. WTF?

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    7. Re:Happened before? by NNKK · · Score: 1

      iOS was probably dealt with as part of the same deal. It's also not really that annoying -- only a relatively small portion of even the technically-inclined population has any clue what Cisco IOS is, and context suffices to disambiguate. It's not even a significant search problem -- if "IOS" plus other relevant keywords aren't getting the right thing, throw in "cisco" or a model number and you're pretty sure to get what you're after.

    8. Re:Happened before? by larry+bagina · · Score: 1

      Yes.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    9. Re:Happened before? by SeaFox · · Score: 1

      You're probably thinking of the iPhone, as there was a VoIP device that went under that very name at the time the iPhone was announced.

    10. Re:Happened before? by Kalriath · · Score: 1

      No, Apple outright stole "iPhone". They actually legitimately paid for "iOS" though.

      --
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    11. Re:Happened before? by jonbryce · · Score: 1

      Which is why the Jobsian company that sells music is called iTunes, and has no mention of "Apple" anywhere in the name.

    12. Re:Happened before? by Anonymous Coward · · Score: 0

      Slightly different though...

      Cisco's iPhone was a product, and by no means their only product. It cost them little to give up the name.

      iCloud Communication's entire business is built around the iCloud name.

    13. Re:Happened before? by Anonymous Coward · · Score: 0

      Problem?

      Trollface.jpg

    14. Re:Happened before? by Anonymous Coward · · Score: 0

      [citation needed]

    15. Re:Happened before? by pandrijeczko · · Score: 1

      The reason that there is no Apple in the title is because the five people worldwide who have Mac computers could not generate enough revenue on iTunes if all the Windows people were alienated from using it because they thought it was an Apple-only service.

      --
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    16. Re:Happened before? by larry+bagina · · Score: 1
      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    17. Re:Happened before? by Anonymous Coward · · Score: 0

      I know, terrible. People should stop naming their kids the same thing, too. Context is completely insufficient always to tell which person you're talking about. Jeez.

    18. Re:Happened before? by Anonymous Coward · · Score: 0

      Apple agreed never to sell music under the "Apple" brand, and Apple Records agreed not to sue them for infringement.
       
      Then Apple broke the agreement. Apple is a rapacious, immoral mega-corporation. It doesn't matter how much you love the shiny, they're still assholes.

    19. Re:Happened before? by Rennt · · Score: 1

      I believe you are thinking of the Linksys/Cisco iPhone.

    20. Re:Happened before? by sribe · · Score: 1

      No, Apple outright stole "iPhone".

      No they did not. The mark had clearly been abandoned. Then when Apple announced, Cisco quickly filed a blatantly fraudulent application which would have never survived any objection.

    21. Re:Happened before? by Anonymous Coward · · Score: 0

      I think they cause cancer, toss babies into the fire, and are the Antichrist.

    22. Re:Happened before? by sjames · · Score: 1

      Twice!

    23. Re:Happened before? by Kalriath · · Score: 1

      The fact the product was unpopular and no-one really bought it doesn't mean that it didn't exist. Nice try at rewriting history though.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    24. Re:Happened before? by sribe · · Score: 1

      The fact the product was unpopular and no-one really bought it doesn't mean that it didn't exist. Nice try at rewriting history though.

      There is no rewriting of history in my post. The trademark had been abandoned for years.

    25. Re:Happened before? by tehcyder · · Score: 1

      I'm not an especially strong Apple hater,

      Wuss.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    26. Re:Happened before? by Kalriath · · Score: 1

      Your whole post is revised history. Obviously Apple didn't agree that the trademark was abandoned, or they wouldn't have been at the negotiating table with Cisco in the first place. But when it looked like things weren't going their way, they decided to simply steal it, and let their fanbois defend them in the court of public opinion. Obviously they succeeded, because people like you are out there spinning Apple's version of history, because Apple can do no wrong. I suppose you'll also say Greenpeace are lying scum because they gave Apple bad ratings for environmental awareness in product development and packaging? And that Apple came up with the name Facetime all on their own?

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    27. Re:Happened before? by sribe · · Score: 1

      Your whole post is revised history. Obviously Apple didn't agree that the trademark was abandoned...

      Instead of continuing to spew your nonsense, why don't you go to the USPTO site and look up the history of the mark? You can see for yourself that it was abandoned well before Apple introduced their iPhone product.

      ...they wouldn't have been at the negotiating table with Cisco in the first place.

      When exactly were they at the negotiating table? I don't recall any such thing at all. I do recall Cisco, after Apple's introduction, slapping a printed file label with the word "iPhone" on the outside of the box of a product not sold as an iPhone, and submitting that along with a tardy declaration of continued use. Shortly thereafter the whole matter died, probably after Apple's lawyers "negotiated" with Cisco's by calling them up and laughing at their pathetic attempt to game the system, likely pointing out how badly it could go for the people who had submitted a clearly fraudulent declaration to the USPTO.

      And yes, there may have been a courtesy call from Apple to Cisco before the introduction to confirm the mark was in disuse. But do you really think Cisco had the mark and Apple just took it away from them? Really? How exactly does one "steal" a trademark? Please explain the process to me by which Apple somehow becomes the new owner of a valid trademark without the prior owner's consent?

      ...because people like you are out there spinning Apple's version of history...

      I didn't get any of my history from Apple. It all came from the trade press at the time--much of it critical of Apple. Thing is, unlike you, I know the basics of trademark law, and how to check a registration...

      Sorry your post is completely wrong--mostly revised history along with a decent side of exaggerations and outright fabrications.

  4. Before you answer by Compaqt · · Score: 4, Insightful

    please also consider what you would have said if Apple had been selling a product for the last 5-6 years, and somebody now came along and bought a website, and claimed that it now owned that trademark.

    The analogue is in somebody buying ipad.com (which AFAIK Apple doesn't own). Just because Apple bought icloud.com doesn't give them a trademark, otherwise the trademark system should just be shut down in favor of the domain name system.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:Before you answer by Anonymous Coward · · Score: 1

      iCloud Communications, LLC only organized in May of 2005, so your point of view is totally spot-on.
         

    2. Re:Before you answer by Anonymous Coward · · Score: 0

      No, but buying the registered trademark, like Apple did, does give them come iClout.

    3. Re:Before you answer by Anonymous Coward · · Score: 0

      However, iCloud Communications didn't register a trademark, and Apple purchased the registered trademark for $4.5 million from Xcerion, a Swedish company. The obvious question for iCloud Communications is "why didn't you register it?" - and the answer is that it was already registered. I guess they could have contacted that company to buy the trademark, as Apple did.

      You don't HAVE to register a trademark, but the holder of the registered trademark has the right to sue the holder of an unregistered trademark (or anyone else) using the registered trademark. It's much harder for the unregistered trademark holder to sue the holder of a registered trademark over the mark. I guess that iCloud Communications were thinking that a Swedish company wasn't likely to be bothered by a small company in Arizona.

      This Arizona company is in a weak position. Apple could sue them for using a registered trademark without authorization. They are suing Apple, which is a risky thing to do considering that an unregistered trademark holder has much more limited rights to the mark than the registered owner. They had better hope that Apple doesn't decide to play hardball.

    4. Re:Before you answer by gnasher719 · · Score: 1

      The analogue is in somebody buying ipad.com (which AFAIK Apple doesn't own). Just because Apple bought icloud.com doesn't give them a trademark, otherwise the trademark system should just be shut down in favor of the domain name system.

      True, buying iCloud.com doesn't give Apple a trademark. Buying the iCloud trademark from the proper owner for $4.5 million however gives Apple the trademark.

    5. Re:Before you answer by gl4ss · · Score: 1

      apple uses whatever names it sees fit, with the attitude that the big launch will overshadow such problems and that going to court is what they have lawyers on payroll for. it's not even a new product, it's not like they didn't host stuff before, nobody just wanted to use it, and cloud happens to be the buzzword of last year, from customers perspective it doesn't matter at all if they're in a cloud or a cluster. but who could blame apple for unoriginal naming? just look at the title of their company and the staple product macintosh( http://en.wikipedia.org/wiki/Mackintosh is what the name used to mean).

      for the owners of icloud(tm) though this means that they're pretty much fucked as using their old product names go, so branching into litigation might seem like a good use of time.

      --
      world was created 5 seconds before this post as it is.
    6. Re:Before you answer by Kalriath · · Score: 3, Informative

      That's how you get a registered trademark. You get an unregistered trademark by simply using it in commerce.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    7. Re:Before you answer by AK+Marc · · Score: 1

      Buying the iCloud trademark from the proper owner for $4.5 million however gives Apple the trademark.

      Registering a trademark doesn't grant a trademark (I might be able to register a trademark on "computer" but if I then sued Dell for selling my trademark "computer" I'd lose. Buying the registered trademark when the registration holder hasn't ever used it for a product and there's a company out there using it for a product and has been using it for years also doesn't grant one the trademark.

      Go read up on "stealth." I find it funny. One nutjob owns the trademark to stealth in many contexts, but last I heard, he lost a case that ended that, but for years he made lots of money from it, including getting a payout from the movie makers of the same name. He registered, but as far as I know, because he didn't make anything under that name and others did, so he lots cases relating to it. The same applies with iCloud, owned by someone who never used it until just now, while someone else has the de facto trademark on it because they were the only product under that name.

    8. Re:Before you answer by Anonymous Coward · · Score: 0

      They also bought the trademark that came along with it. This co,pany suing them doesn't own the trademark.

    9. Re:Before you answer by Anonymous Coward · · Score: 0

      Doesn't matter in the slightest. If you allow someone else to use "your trademark" (like the original "proper owner" did), you lose it. Period.

      Apple just spent $4.5 million on a domain that they'll be forced to hand over in court. iCloud Communications used their mark for six years, and Xcerion didn't. (Instead they just went with "Xcerion Cloud Computing.")

      Apple is, as always, in the wrong here, pure and simple.

    10. Re:Before you answer by fast+turtle · · Score: 1

      One thing to keep in mind is that they are a Registered LLC (limited liability corporation), which means they operate under a corporate charter issued by the state as iCloud Computing. Combined with the fact that the trademark registered owner did not use it nor protect it, they have a very good chance of hitting Apple's wallet.

      Someone earlier did mention money as to "how much will it take to make this case go away" and it may actually be cheaper for Apple to simply buy them out and change their name then to fight this in court.

      --
      Mod me up/Mod me down: I wont frown as I've no crown
    11. Re:Before you answer by Anonymous Coward · · Score: 0

      This document clearly states why Apple is so wrong http://images.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=6&SESSIONID=5J24iq2lv5GU6GXWG4obMi6Ce2DOxkGn1149bd9f&RESULTID=290046334&DOCID=1&PAGE=1&XZOOM=5000&YZOOM=5000&ROTATION=0

      Just read the document and you clearly see why it is so... It is just so easy and clear to read...

    12. Re:Before you answer by MachineShedFred · · Score: 1

      No, but buying the registered trademark from the person who registered it, does. Hint: that trademark was not registered by iCloud Communications.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    13. Re:Before you answer by UnknowingFool · · Score: 1

      From my perspective, it appears that Apple did its due diligence when it came to trademarks. iCloud Com never bother to register any trademarks and never bothered to object to Xcerion's trademark. Can they seriously argue that their brand was so valuable to them that it needs protection from Apple that it was worth so little to pay for a registration?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    14. Re:Before you answer by Fjandr · · Score: 0

      iCloud Comm was using the trademark prior to registration by Xcerion. They have a prior use in commerce claim which can be used to invalidate the original trademark application.

    15. Re:Before you answer by Fjandr · · Score: 1

      That depends entirely on when (or if) they learned Xcerion registered the mark. As long as they were not aware of the registration, it won't impact their legal case. However, if they were aware of the registration and did nothing about it, they may have a weakened claim. Xcerion never used the mark in commerce though, and iCloud Comm did for years, which helps their case.

    16. Re:Before you answer by Fjandr · · Score: 1

      Unless the application is invalidated due to prior use in commerce, since iCloud Comm used it for years with an actual product prior to Xcerion registering it nationally.

    17. Re:Before you answer by ninetyninebottles · · Score: 2

      Xcerion never used the mark in commerce though, and iCloud Comm did for years, which helps their case.

      Huh? Xcerion ran icloud.com web services for several years now. Heck, they still run it just under a different name. It was and is a commercial service they advertised and sold. How is that not commerce?

    18. Re:Before you answer by UnknowingFool · · Score: 2

      And Xcerion also had a product and was registerd nationally. Yet iCloud Comm never objected and never registered any of their own trademarks. Part of any defense of a trademark is that a company must show diligence when defending their trademarks. Allowing another company to not only register one but not register their own, iCloud Comm has some tough questions to answer.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    19. Re:Before you answer by Fjandr · · Score: 1

      I completely agree there are questions that need answered. The biggest is if Xcerion beat them to actually using it commercially, followed by "when did iCloud find out?" Those haven't been answered, and much depends on them. Depending on how they're answered, Xcerion's registration could potentially be invalidated.

    20. Re:Before you answer by Fjandr · · Score: 1

      I misread a source article regarding the issue. I retract my statement.

    21. Re:Before you answer by Tharsman · · Score: 2

      One gotcha though: if you dont defend a trademark you loose it. The previous owner of iCloud.com also called itself so for a long time, yet they were never pursued over the trademark. That is enough basis to make them loose their right to the TM, as far as I know (but IANAL).

    22. Re:Before you answer by salesgeek · · Score: 1

      Mod parent up. This describes the situation perfectly.

      --
      -- $G
    23. Re:Before you answer by salesgeek · · Score: 1

      In a word, yes. You do not have to register to establish a trademark. The entire reason trademarks exist is to prevent someone or some company from stealing your identity in the marketplace... no matter how small you are. This one is not some moral outrage, though. It's typically what happens when a big company steps on the little guys toes: lawsuit, handwringing, and just compensation to the small company.

      --
      -- $G
    24. Re:Before you answer by delt0r · · Score: 1

      I many countries you absolutely must register it. Its like the due diligence part of making sure your not using someone else trademark.

      --
      If information wants to be free, why does my internet connection cost so much?
    25. Re:Before you answer by Anonymous Coward · · Score: 0

      The analogue is in somebody buying ipad.com (which AFAIK Apple doesn't own). Just because Apple bought icloud.com doesn't give them a trademark, otherwise the trademark system should just be shut down in favor of the domain name system.

      Instead it works the other way around, Some Big Company implies the have a trademark and whoever has the domain name has it stripped from them.

    26. Re:Before you answer by UnknowingFool · · Score: 1

      While it is not known when iCloud Com found out about Xcerion, it couldn't have escaped their attention that Xcerion owned the domain name icloud.com. Even if iCloud recently found out, the courts have ruled that similar marks can coexist in different industries even if the industries are somewhat related. The question is whether customers are likely to be confused. I think the most recent case was the Victoria's Secret case where they sued a local adult novelties shop who had the name Victoria's Little Secret. The court ruled for shop in that customers for the national chain were unlikely to confuse it with a local shop that didn't sell the same products.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    27. Re:Before you answer by Rexdude · · Score: 1

      Even the iPhone name was the subject of litigation with Cisco, and later they settled.

      --
      "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."
  5. Re:Rotten Apple by Anonymous Coward · · Score: 1

    Preach on, brother beavis! How dare Apple buy the name iCloud from the people that owned the name iCloud. If that's not asshole behavior, I don't know what is.

  6. Recognized or not... by symbolic · · Score: 2, Insightful

    I hope Apple gets spanked for this. It was their lack of due diligence, and even if Apple was aware of this other company, it chose to engage this "Imma show you whose boss" mentality. Apple decided to play the game, so too damn bad if they lose.

    1. Re:Recognized or not... by Anonymous Coward · · Score: 0

      Hey Pnewhook - why did you blatantly steal the name of Pnewhook Widgets from Springfield? I was completely confused by the name similarity and thought you and they were the same entity. I hope they sue you into oblivion for your blatant arrogance and lack of due diligence.

    2. Re:Recognized or not... by Anonymous Coward · · Score: 0

      Hey Anonymous - why did you blatantly steal the name of Anonymous? I was completely confused by the name similarity and thought you and they were the same entity. I hope they sue you into oblivion for your blatant arrogance and lack of due diligence.

    3. Re:Recognized or not... by Anonymous Coward · · Score: 0

      I hope Apple gets spanked for this. It was their lack of due diligence, and even if Apple was aware of this other company, it chose to engage this "Imma show you whose boss" mentality. Apple decided to play the game, so too damn bad if they lose.

      I don't think you understand how many billions of dollars Apple has lying around.

      As Krusty the clown said, "They drove a dump truck full of money up to my house! I'm not made of stone!"

      I'm sure an amicable solution will be decided soon...

    4. Re:Recognized or not... by Anonymous Coward · · Score: 1

      Fanboy lol

    5. Re:Recognized or not... by cbiltcliffe · · Score: 2

      From the offices of:
      Dewey, Cheatem and Howe
      Attorneys at Law
      Specializing in Intellectual Property Law

      Dear Mr./Mrs./Ms. Coward,

              It has been brought to our attention that you are referring to yourself by the name "Anonymous Coward". This obvious attempt to associate yourself with the family of Sir Noël Peirce Coward will not be tolerated.
              Under current overbearing intellectual property laws, you a required to cease and desist using this name, and return to referring to yourself as your birth name of "Unnamed idiot wimp". Failure to correct this matter will result in legal action filed against you, in the amount of eleventy billion (111!!.111.1.1>!!1!!1.111eleventy!!11!1!) dollars.

                      Yours,
                  I. William Cheatem

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    6. Re:Recognized or not... by UnknowingFool · · Score: 3, Informative

      Not according to business insider. There are only two applications for the "iCloud" name. One belongs to an individual. The other belonged to Xcerion. Apple bought the domain iCloud.com and the trademark from Xcerion a while ago. iCloud Communications has never filed for any trademarks to "iCloud" or even "iCloud Communications".

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:Recognized or not... by Anonymous Coward · · Score: 0

      the difference: iCloud Communications and Apple now both offer a cloud computing service dubbed 'iCloud', as far as i can tell, symbolic up there doesnt offer motor's of any kind for sale under any name. The argument can be made (very easily, and rightfully so) that a consumer could confuse Apple's iCloud service for iCloud Communication's iCloud service, and lead a consumer to purchase the wrong product as a result, seeing as how Symbolic does not offer motor's for sale, it is unlikely anyone will purchase a motor from him incorrectly thinking he was buying one from Symbolic motor's from San Diego. Apple is also a global company, and they have the responsibility of due diligence on things like this, although in the past they havent either, prefering to just steam-roll over anyone who gets in their way. So yes, i hope they do get sued over this. Maybe next time you'll look into the topic at hand, or just keep trolling as you so obviously enjoy it.

    8. Re:Recognized or not... by obarthelemy · · Score: 2

      don't be silly. Symbolic is a pre-existing word, actually often used in computer science. iCloud isn't. And Symbolic does not seem to be operating in the same market, if any, as Symbolic Motors.

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    9. Re:Recognized or not... by Anonymous Coward · · Score: 0

      So either they weren't diligent enough or they deliberately set out to be nasty? Well, that clears it up, so let's all go home.

      Oh, a couple of quick questions. Do you run evening classes in false dichotomies, and were you stroking your meat while writing that closing sentence?

    10. Re:Recognized or not... by Sulphur · · Score: 1

      From the offices of:
      Dewey, Cheatem and Howe

      That's Cheatham you insensitive cloud.

      Uriah Ketchum and Isaac Cheatham DBA U Ketchum and I Cheatham

    11. Re:Recognized or not... by TubeSteak · · Score: 1

      iCloud Communications has never filed for any trademarks to "iCloud" or even "iCloud Communications".

      So what?
      You don't have to register a trademark to own it. All you have to do is use it.

      The only thing that I'm not certain of is whether they'll be able to get triple damages without a registered trademark, even if they can show Apple acted in bad faith.

      --
      [Fuck Beta]
      o0t!
    12. Re:Recognized or not... by symbolic · · Score: 1

      Who needs to post anonymously with intellectual gems like this? oh...wait....my bad.

    13. Re:Recognized or not... by UnknowingFool · · Score: 3, Insightful

      Yes but how valuable can protecting a trademark be if the company didn't bother to do the due diligence to register it? How can they even show Apple acted in bad faith since upon searching for a trademark, Apple didn't find one that didn't exist? Apple did find the mark belonging to Xcerion which they appeared to pay for back in April for $4.5 million. That's before any arguments Apple can make that the marks can coexist as they belong in different industries.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    14. Re:Recognized or not... by cbiltcliffe · · Score: 1

      That's a completely different firm, with completely different partners. What makes you think they spell their names the same?

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    15. Re:Recognized or not... by ktappe · · Score: 2

      I hope Apple gets spanked for this. It was their lack of due diligence, and even if Apple was aware of this other company, it chose to engage this "Imma show you whose boss" mentality. Apple decided to play the game, so too damn bad if they lose.

      It is hard to believe that you actually think Apple didn't perform due diligence on such a huge product announcement.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    16. Re:Recognized or not... by Anonymous Coward · · Score: 0

      Trademarks are trademarked by simply using a term. Filing is really only proof you had a trademark at a certain point in time. If someone can prove he was using it first, you lose your trademark despite it being filed.

    17. Re:Recognized or not... by sribe · · Score: 1

      It was their lack of due diligence...

      Bull. Fucking. Shit. Apple bought the one and only registered trademark from its holder. It is really not their responsibility to scour the entire world looking for any little dumbfuck company that might use a word without registering a trademark.

    18. Re:Recognized or not... by Bing+Tsher+E · · Score: 1

      The existence qf this lawsuit kind of shows a lack of diligence, IMHO

    19. Re:Recognized or not... by mpetch · · Score: 1

      This would never have happened if Apple had their own search engine. An Apple search engine would have told them about the existing iCloud Communications name. Now they can blame inferior products like Google and Bing for their troubles. ;-)

    20. Re:Recognized or not... by honkycat · · Score: 1

      It actually really is their responsibility to scour the markets in which they plan do business looking for use of the trademark they intend to use.

    21. Re:Recognized or not... by UnknowingFool · · Score: 1

      When it comes to finding trademarks, the authority is the USPTO not Google or Bing. The only trademark belonged to Xcerion which also owned the domain name icloud.com.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    22. Re:Recognized or not... by UnknowingFool · · Score: 2

      If it is so easy, why has iCloud Communications never registered it? Why did they never object when Xcerion registered the trademark and got the domain name iCloud.com? The whole point of a trademark infringement lawsuit is that a company believes that it has a valuable brand that needs protection. Yet in all years of iCloud Communications' existence their trademark was so valuable to them that they didn't do a cursory filing to register it. iCloud Communications has not even registered for the their own name iCloud Communications.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    23. Re:Recognized or not... by mpetch · · Score: 1

      USPTO is only good for registered or pending trademarks. It in no way covers those who are unregistered. You don't need a registered trademark at the USPTO to make a claim to a name - it just makes fighting it in court a lot easier. USPTO is only ONE tool that any serious company would use to find similar names in the same business.

    24. Re:Recognized or not... by intheshelter · · Score: 0

      Dumbass LOL

    25. Re:Recognized or not... by sribe · · Score: 1

      It actually really is their responsibility to scour the markets in which they plan do business looking for use of the trademark they intend to use.

      Look, yes. "Scour", no. The number of companies in the US alone runs into about 7 figures, and it is simply impossible for any searcher to find them all and find what they do. If a company is big and uses a mark a lot, it will be found. But if Joe's Computer Consulting uses iCloud in a few proposals, Apple is not going to find it. Bottom line, people that have terms they want to trademark and do not register them, are idiots. After all, there was already an undiscovered conflict on iCloud before Apple even got there.

    26. Re:Recognized or not... by honkycat · · Score: 1

      They need to do more than take a passing glance. That Apple operates in a nationwide (and beyond) market means they have a lot of work to do---but it's not extraordinary to expect a company with the resources to operate in that many markets to be able to do proper research in all of them.

      And if you want to get technical about "look" versus "scour," consider that they lose their case if they fail to identify a valid (and conflicting) trademark in one of those markets, registered or not. Sure, it's only for the applicable market of the valid trademark, but as far as I know there's no claim they can make that "we looked hard enough" if they missed a use that was significant enough to qualify as a trademark. So if I were launching a major national (or global) project like this, I think I'd scour, not just look.

    27. Re:Recognized or not... by UnknowingFool · · Score: 2

      Aren't you in fact implying that iCloud Com isn't a serious company? Generally if a company hasn't registered a trademark, they either are not interested in protecting it nationally or they are not aware of trademark implications. The second is not a very excuse in a court.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    28. Re:Recognized or not... by BeanThere · · Score: 1

      Trademark isn't a first-to-file system, the only thing you need to do to own a trademark is have a history of doing 'trade' under the 'mark' (name). Apple's so blatantly and deliberately waaay in the wrong here, that for the first time, I finally feel pushed into the 'Apple is the new Microsoft' camp. Apple basically seem to have said "hmm, someone else is already using the name, well we really really want it, so let's just use it anyway, completely illegally, and worry about it later".

    29. Re:Recognized or not... by mpetch · · Score: 1

      No, I am saying that Apple didn't do due diligence. if you think that all is needed is a search at USPTO you are sadly mistaken. Apple was not serious when it registered iCloud. They of course looked at who was registered, but clearly dismissed the ones that were not. I think that you assume that when registering a trademark that it is a simple go an search the USPTO and that is it. I believe Apple probably knew all about iCloud Communications but decided that it was easier to ignore it and plead ignorance. There is precedence for companies with unregistered trademarks being victorious if they can prove prior usage of the name for the purpose of conducting business and of course being in the same general business. As well, a serious company doesn't need to file a patent for every invention. It makes it a hell of a lot easier to battle it in court though! Again prior art from an unregistered entity can invalidate patents that are registered. Companies that may not patent everything or register every trademark does not mean they are not serious - but they definitely make it harder on themselves when they do have to fight.

    30. Re:Recognized or not... by BeanThere · · Score: 1

      That's the thing .. they most certainly performed due diligence ... and then decided to ignore it. It's even worse than doing this by mistake.

    31. Re:Recognized or not... by UnknowingFool · · Score: 1

      Apple spent $4.5 million to buy the iCloud.com name and the mark, yet according to you they were not "serious". Does that make any sense? Okay if searching on USPTO was not enough for due diligence, was additional steps were required? Should they have contacted every single company and entity that has "iCloud" and asked them if they were going to register their trademark? No that is the responsibility of other companies to defend their own marks. Knowing many owners of independent businesses, almost all of them registered their marks when they set up their businesses on the advice of their counsel. Some of them even had to change their company name or product name because someone else had registered the one they wanted. That is due diligence; what iCloud Com did is not due diligence or they need better lawyers.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    32. Re:Recognized or not... by Anonymous Coward · · Score: 0

      what the hell are you talking about? they paid the company that registered the mark through the uspto 4.5 million bucks.

    33. Re:Recognized or not... by exomondo · · Score: 1

      Yes but how valuable can protecting a trademark be if the company didn't bother to do the due diligence to register it?

      Who knows, the point is it doesn't matter, since you don't have to register it and the only reason you would register it is because it makes it easier in court if someone comes along to try and steal it. They registered their company under that name and operated their products and services under that name, they probably figured that was enough, and legally it is.

      How can they even show Apple acted in bad faith since upon searching for a trademark, Apple didn't find one that wasn't registered?

      FTFY, and Apple's lawyers clearly know a trademark doesn't have to be registered to be valid, a simple web search would have identified this company (or a search of registered companies), don't try and pass Apple off as ignorant of those basic details.

    34. Re:Recognized or not... by UnknowingFool · · Score: 1
      Benefits conferred if you register a mark with the USPTO:
      1. the right to use the mark nationwide
      2. nationwide constructive notice to others that the trademark is owned by the party
      3. enables a party to bring an infringement suit in federal court.
      4. allows a party to potentially recover treble damages, attorneys fees, and other remedies
      5. after 5 years, the mark is "uncontestable"

      FTFY, and Apple's lawyers clearly know a trademark doesn't have to be registered to be valid, a simple web search would have identified this company (or a search of registered companies), don't try and pass Apple off as ignorant of those basic details.

      Apple's lawyers cannot read minds. They do not know the intent of every company as to whether they wish to bring their mark to the national level. The point of registering a mark is to signal to the entire nation that a brand is yours and you intend to use it as well as defend it (see #2). Otherwise, a company or individual would have to contact every entity that has a similar name and ask them if they intend to register a mark? Besides being impractical, not all companies care to bring their brand to national status. It's not Apple's job to ensure that iCloud has their trademark status in order.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    35. Re:Recognized or not... by exomondo · · Score: 1

      after 5 years, the mark is "uncontestable"

      That just shows the stupidity in this action, who buys a contestable trademark without the slightest attempt (basic web search) to identify the position of those who could potentially contest it?

      In any case you can list the benefits all you want but you're missing the point, registering a trademark is not necessary for you to legally own it. Perhaps it should be but the *fact* is that it is not the case.

    36. Re:Recognized or not... by UnknowingFool · · Score: 0

      That just shows the stupidity in this action, who buys a contestable trademark without the slightest attempt (basic web search) to identify the position of those who could potentially contest it?

      You do understand the concept of "statute of limitations" right? It gives an individual or company 5 years to contest the mark. Again, how could Apple know what is in the mind of every company that may have a similar mark?

      In any case you can list the benefits all you want but you're missing the point, registering a trademark is not necessary for you to legally own it. Perhaps it should be but the *fact* is that it is not the case.

      Did you read anything I wrote above? My point is not about whether iCloud Comm has a trademark; it's that they didn't due their due diligence to protect it. If you want to have a mark nationally known, you have to register it. If you decide that's not important, then you have to live with that decision; iCloud has to live with their decisions.

      Registering a trademark is so breathtaking basic. I know many small business owners; on the advice of their lawyers, they all registered marks when they formed their businesses. Some of them even had to change the business name or product name because there was a similar mark. That's basic things they had to do when they formed businesses.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    37. Re:Recognized or not... by exomondo · · Score: 1

      You do understand the concept of "statute of limitations" right? It gives an individual or company 5 years to contest the mark. Again, how could Apple know what is in the mind of every company that may have a similar mark?

      They don't have to, the fact is they bought a contestable mark and a company that they could have effortlessly identified has a legal claim to it. Do you really think they are that stupid to have not known this? Do you think they didn't do a simple web search to find this out?

      Did you read anything I wrote above? My point is not about whether iCloud Comm has a trademark; it's that they didn't due their due diligence to protect it.

      You can just as easily claim apple didn't do their due diligence in identifying this as a contestable mark and identifying the company with a legal claim to it, it's only a simple web search away.

      If you decide that's not important, then you have to live with that decision; iCloud has to live with their decisions.

      They quite clearly are, they are asserting their legal rights.

      Some of them even had to change the business name or product name because there was a similar mark.

      And that goes both ways, if you register a business name you check business names and trademarks, if you register a trademark you check trademarks and business names. Why do you do this? Because basic trademark law tells you that doing just one is not sufficient.

    38. Re:Recognized or not... by UnknowingFool · · Score: 1

      They don't have to, the fact is they bought a contestable mark and a company that they could have effortlessly identified has a legal claim to it. Do you really think they are that stupid to have not known this? Do you think they didn't do a simple web search to find this out?

      Let me break this down so that you understand. Marks exist everywhere. However if you go national, you should register them so there is no conflict. If I start ABC Rentals here in my hometown, I get that mark. A person in another state with ABC Rental cannot sue me and I cannot sue them as we are in different states and our marks are local. If one of us every goes national, there may be a conflict; however, if one of us stays local, we have to make sure that we note that our business is not affiliated with the other. If we both decide to go national, there will be even more problems. That's why when businesses are created or products are started, they should check with the USPTO. The USPTO is the authority on registered marks. Google is not the authority. Bing is not the authority. The lack of mark has never meant that no businesses exist with that mark. The lack of mark means that no business has laid claim to it. Some businesses have no desire to go national and do not care to defend it nationally.

      What is the alternative to searching the USPTO? Searching every local and state company registry? Some of them are not web searchable yet. Searching the web search for every company similarly named? Contacting every company with similar marks and asking them if they intend to go national. Making sure their marks are up registered. It is not Apple's job to do make sure other companies have their trademarks in order.

      This is no different than domain name registration. If I register abcrentals.com com before the other company, I get to keep the domain name as I have a legitimate right to the name. Even if they were in business longer, they had full opportunity to get the name before I did.

      And that goes both ways, if you register a business name you check business names and trademarks, if you register a trademark you check trademarks and business names. Why do you do this? Because basic trademark law tells you that doing just one is not sufficient.

      That made no sense. A business name and a trademark are not the same. Marks can exist for products and companies. That's why you check both. Apple is not registering the business iCloud. They are registering the product. Remember iCloud Comm may not have any products named iCloud. I can have a products named "Sun" and that doesn't affect Sun Computers even though my company isn't named "Sun". Naming my product UltraSPARC is another matter.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    39. Re:Recognized or not... by pnewhook · · Score: 1

      Do you really think that iCloud communications picked their name without knowing of Apples iWhatever naming conventions? Of course not. They picked their name to capitalize on that brand name recognition to get more customers. Explains why they never trademarked the name since they couldn't.

      This lawsuit is stupid..

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    40. Re:Recognized or not... by exomondo · · Score: 1

      Let me break this down so that you understand.

      I understand perfectly, yes it would have helped for the company to have registered their trademark but the fact remains that they legally have a claim to it and the mark is contestable because it falls within the specified timeframe. Had they waited the 5 years from registration there would be no problem, however they bought a mark that falls within that timeframe.

      Moreover it's impractical - especially for a smaller company operating globally - to register their trademark in every single country particularly since registration doesn't even mean you own it.

      It is not Apple's job to do make sure other companies have their trademarks in order.

      Your idea of 'in order' however is not consistent with their legal rights.

      This is no different than domain name registration. If I register abcrentals.com com before the other company, I get to keep the domain name as I have a legitimate right to the name. Even if they were in business longer, they had full opportunity to get the name before I did.

      No, this is different, because registering a trademark does *NOT* mean you own the trademark, it's basic trademark law.

      I'm not sure what your argument here is, legally iCloud Comms did the right thing (perhaps they should have registered it but that is NOT a legal requirement) and if Apple's lawyers had done any research beyond a USPTO search they would have uncovered this issue since they well know about the statute of limitations on trademark registration. iCloud Comms have to live with the fact that they now need to fight for the trademark, Apple need to live with the fact that they bought a contestable trademark from a company that may not have legally owned it.

    41. Re:Recognized or not... by UnknowingFool · · Score: 1

      Moreover it's impractical - especially for a smaller company operating globally - to register their trademark in every single country particularly since registration doesn't even mean you own it.

      They do not have to register in every country, only their own. Since both iCloud Comm and Apple are both in this country, the USPTO, again, is the authority.

      Your idea of 'in order' however is not consistent with their legal rights.

      This is not a case of Apple telling iCloud Comm they can't use the name iCloud. It is the other way around in that Apple bought a registered trademark from another company and thus they believe they have the right to use it but iCloud Comm is saying that they don't. It is not up to Apple to make sure other companies do their due diligence. Apple did theirs.

      and if Apple's lawyers had done any research beyond a USPTO search

      Show me anywhere in trademark infringement law where Apple has to do more than a USPTO search when it comes to looking for trademarks. Where does that say that a Google search is required?

      Apple need to live with the fact that they bought a contestable trademark from a company that may not have legally owned it.

      The problem with that statement is that iCloud Comm never contested it until Apple owned it. Meaning they either never searched themselves or they had no problem with Xcerion registering the mark.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    42. Re:Recognized or not... by exomondo · · Score: 1

      They do not have to register in every country, only their own. Since both iCloud Comm and Apple are both in this country, the USPTO, again, is the authority.

      The USPTO is *NOT* the authority, as demonstrated by the *FACT* that a USPTO registration does *NOT* constitute ownership.

      This is not a case of Apple telling iCloud Comm they can't use the name iCloud. It is the other way around in that Apple bought a registered trademark from another company and thus they believe they have the right to use it but iCloud Comm is saying that they don't.

      And it seems they likely bought it from a company that didn't rightfully own it in the first place.

      Apple did theirs.

      By limiting their search to a database containing registrations that do not constitute legal ownership.

      Show me anywhere in trademark infringement law where Apple has to do more than a USPTO search when it comes to looking for trademarks. Where does that say that a Google search is required?

      I didn't suggest that it did, they don't have to search beyond the USPTO database, but since registration with the USPTO does not constitute ownership purchasing a contestable trademark warrants searches beyond that database.

      Apple need to live with the fact that they bought a contestable trademark from a company that may not have legally owned it.

      The problem with that statement is that iCloud Comm never contested it until Apple owned it. Meaning they either never searched themselves or they had no problem with Xcerion registering the mark.

      So? How is that a problem with the statement? The statement is correct.

    43. Re:Recognized or not... by UnknowingFool · · Score: 1

      The USPTO is *NOT* the authority, as demonstrated by the *FACT* that a USPTO registration does *NOT* constitute ownership.

      The USPTO is the authority on registered trademarks. As for unregistered marks, no one is the authority. That's the main problem of unregistered marks. See my long explanation about "local" vs "national".

      And it seems they likely bought it from a company that didn't rightfully own it in the first place.

      A mark is not a deed to a property in that there can be only one owner. Different marks can coexist as long as the marks apply to different industries. Do a search on any mark and you may find dozens of marks and owners.

      By limiting their search to a database containing registrations that do not constitute legal ownership.

      Again what is the alternative? There are 50 states and hundreds of localities. Not all of them are web searchable. The law does not require that a company visit and search every one of them. And how do you know that is all they did? Again registration and onwership and local and national are not the same thing.

      I didn't suggest that it did, they don't have to search beyond the USPTO database, but since registration with the USPTO does not constitute ownership purchasing a contestable trademark warrants searches beyond that database.

      How do you know they didn't do and what is required? My argument is the minimum is the USPTO search. Again show me anywhere it is clearly defined what is required beyond the USPTO search: A court case, a ruling, guidelines from the USPTO, anything that says I'm wrong about this.

      So? How is that a problem with the statement? The statement is correct.

      There is a legal concept called laches. Delays in pursuing legal claims may hinder a parties right to pursue.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    44. Re:Recognized or not... by exomondo · · Score: 1

      The USPTO is the authority on registered trademarks. As for unregistered marks, no one is the authority.

      And since registration doesn't constitute ownership it doesn't matter.

      A mark is not a deed to a property in that there can be only one owner. Different marks can coexist as long as the marks apply to different industries.

      And in this case they still didn't buy it from the owner in the applicable industry.

      Again what is the alternative? There are 50 states and hundreds of localities. Not all of them are web searchable. The law does not require that a company visit and search every one of them. And how do you know that is all they did?

      This company shows up in a simple google search, they would have found it straight away if they had've bothered to do a web search.

      How do you know they didn't do and what is required? My argument is the minimum is the USPTO search. Again show me anywhere it is clearly defined what is required beyond the USPTO search: A court case, a ruling, guidelines from the USPTO, anything that says I'm wrong about this.

      The minimum is a USPTO search but the *FACT* is a USPTO registration isn't ownership, so unless you're an idiot you wouldn't limit yourself to a USPTO search.

      So? How is that a problem with the statement? The statement is correct.

      There is a legal concept called laches. Delays in pursuing legal claims may hinder a parties right to pursue.

      That still doesn't affect the correctness of the statement. They have within the 5 years to pursue legal claims.

      Again, what is your point? Unless you're a fool you know that a USPTO registration doesn't constitute ownership and that if all you're going to do is a USPTO search finding a contestable then it's likely you'll end up in this situation.

    45. Re:Recognized or not... by UnknowingFool · · Score: 1

      And in this case they still didn't buy it from the owner in the applicable industry.

      That's asinine and you know it. Not only does Apple have to do an unreasonable search that no one has to do; they have to buy an excessive amount of property just in case.

      This company shows up in a simple google search, they would have found it straight away if they had've bothered to do a web search.

      Google is not the authority on registered marks. And you clearly don't understand local vs national. Just because a company has a name does not mean they intend for their mark to go national. The problem for iCloud Comm is they claim to be national but never registered their mark like they should have. Most companies register their mark when they form; iCloud Comm didn't do this.

      The minimum is a USPTO search but the *FACT* is a USPTO registration isn't ownership, so unless you're an idiot you wouldn't limit yourself to a USPTO search.

      You never answered the question. Name what exactly is required. Why would a court require more than the minimum. Again you show you don't understand the difference between local and national and registered and unregistered.

      Again, what is your point? Unless you're a fool you know that a USPTO registration doesn't constitute ownership and that if all you're going to do is a USPTO search finding a contestable then it's likely you'll end up in this situation.

      If you're missing the simple point about laches, it will take a lifetime to explain to you why you don't get it. Also you keep saying "ownership != registration" without barely understanding what I'm clearly saying to you.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    46. Re:Recognized or not... by exomondo · · Score: 1

      Not only does Apple have to do an unreasonable search that no one has to do; they have to buy an excessive amount of property just in case.

      Since when is a basic web search 'unreasonable'? They have to buy it from the owner, not someone who may or may not be the owner. All Apple bought was the registration of the trademark, not the ownership, they know this, they aren't idiots.

      Google is not the authority on registered marks.

      I never said they were.

      The problem for iCloud Comm is they claim to be national but never registered their mark like they should have. Most companies register their mark when they form; iCloud Comm didn't do this.

      And you know why? Because legally they do NOT have to.

      You never answered the question. Name what exactly is required. Why would a court require more than the minimum.

      There is no 'requirement', which is precisely why they are in this situation. You can't plead ignorance, Apple's lawyers aren't idiots, they knew the mark was contestable and didn't make the slightest effort to identify who the owner might be given it was only a basic web search away.

      If you're missing the simple point about laches, it will take a lifetime to explain to you why you don't get it.

      I understand them perfectly, what i still can't work out is what your point is, you've ignored that this whole time and it seems you're arguing for the sake of arguing. You'll post again, but still not even say what your point is, seemingly because you don't have one.

      Also you keep saying "ownership != registration" without barely understanding what I'm clearly saying to you.

      You're all over the place, you've failed to even state what your point or be consistent in your argument. You keep saying they should have registered it, but the fact is that doesn't matter because the context of the discussion is about who owns it, RTFA.

    47. Re:Recognized or not... by UnknowingFool · · Score: 1

      They have to buy it from the owner, not someone who may or may not be the owner. All Apple bought was the registration of the trademark, not the ownership, they know this, they aren't idiots.

      The point which you stil can't understand or refuse to admit is that there can be multiple owners of a mark. In this case iCloud Comm owns an unregistered mark at the local level which is in the state of Arizona. In fact there can 50 owners of iCloud Comm in all 50 states if they are all local. Just because iCloud Comm has this local mark does not mean that no one else can own and register the mark at the national level. If you've ever seen advertisements with the phrase "not affiliated with XYZ Company" that usually signals multiple marks coexisting at the same time. In this case Apple bought a registered mark from Xcerion who had it for almost 3 years. Xcerion legitimately owned the mark because they used it for their iCloud product which is not in the same industry as iCloud Comm. iCloud Comm never challenged the registration nor Xcerion's use of this mark.

      And you know why? Because legally they do NOT have to.

      Sigh. The point is if you go national, you should. By not registering, iCloud Comm cannot legally sue in federal court. By all rights, I am not legally required to fence my property; however it makes my claims of tresspassing extremely difficult. It doesn't take rocket science to understand the difference.

      There is no 'requirement', which is precisely why they are in this situation. You can't plead ignorance, Apple's lawyers aren't idiots, they knew the mark was contestable and didn't make the slightest effort to identify who the owner might be given it was only a basic web search away.

      You keep claiming ad nauseum that Apple should have done "more" but you are unwilling to explain what is "more" and what decision or guideline or ruling spells out what that "more" is. You also keep asserting what Apple has or has not done in the background. Unless you work for Apple legal, you cannot know what they did or did not do.

      I understand them perfectly, what i still can't work out is what your point is, you've ignored that this whole time and it seems you're arguing for the sake of arguing. You'll post again, but still not even say what your point is, seemingly because you don't have one.

      Again understand the difference between national and local. Again, Xcerion had a registered national mark for 3 years without challenge. They legitimately own the mark at the national level. Apple bought it. Statute of limitations says after 5 years no one can mount of challenge. Laches says that all challengers must do so within a reasonable time period. iCloud Comm must answer why they waited for so long and also they didn't bring the challenge to the USPTO; they instead filed a lawsuit.

      The main reason they didn't is that the USPTO would consider iCloud Comm and Xcerion to be in different industries thus both marks can coexist even if both registered. Apple owning the registered mark does nothing to change the relationship. iCloud Comm's customers are businesses looking for colocation, hosting, and VOIP services; Apple's customers are consumers looking to sync their data and metadata with their mobile devices. If iCloud Comm challenged it, it would be on record that the USPTO ruled against them. That's my point.

      You're all over the place, you've failed to even state what your point or be consistent in your argument. You keep saying they should have registered it, but the fact is that doesn't matter because the context of the discussion is about who owns it, RTFA.

      You again don't understand the difference between local and national and registered and unregistred. I think you should consult with a trademark attorney. They'll tell you exactly what I'm telling you.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    48. Re:Recognized or not... by exomondo · · Score: 1

      And you know why? Because legally they do NOT have to.

      Sigh. The point is if you go national, you should. By not registering, iCloud Comm cannot legally sue in federal court.

      So you're a lawyer? Show me exactly how they cannot legally sue in federal court, show me where this is stated. Of course the should have registered it, but they don't have to.

      You keep claiming ad nauseum that Apple should have done "more" but you are unwilling to explain what is "more" and what decision or guideline or ruling spells out what that "more" is.

      If they had've done the most basic and fundamental of research beyond the USPTO search they would not be in this situation at all, that is what 'more' is. Are you the sort of person content with doing the bare minimum even knowing the bare minimum isn't enough to cover you?

      You also keep asserting what Apple has or has not done in the background. Unless you work for Apple legal, you cannot know what they did or did not do.

      So you're suggesting that they did know this situation could arise but decided to ignore it?

      Again, Xcerion had a registered national mark for 3 years without challenge. They legitimately own the mark at the national level.

      Rubbish, show exactly where it states that they legitimately own it, because registration is not ownership and the statute of limitations is 5 years. Your only argument seems to be laches (which it seems you discovered just recently as you didn't mention it until very late in the discussion), which is based on many other factors.

      The main reason they didn't is that the USPTO would consider iCloud Comm and Xcerion to be in different industries thus both marks can coexist even if both registered.

      So you claim to know the inner workings of iCloud Comm now.

      If iCloud Comm challenged it, it would be on record that the USPTO ruled against them. That's my point.

      All your point seems to be is that they should have registered it, something i never at any point disputed.

  7. But do they have a case ? by Space+cowboy · · Score: 5, Informative

    Reading fortune's coverage, it seems there was no record of cloud communications having a trademark. Is this another instance of suing someone just because they have cash, I wonder...

    And maybe it's just my innate cynicism showing through, but when anyone introduces criticism of anything by saying "I can honestly say...", it leads me to believe they are inherently biased against the thing they're complaining about, and whatever they say ought to be treated appropriately. What they're really saying is "even though I in fact loath the thought of (insert XXX), I would still be criticizing them if I were neutral on the matter". Bias, like truth, will out.

    Simon

    --
    Physicists get Hadrons!
    1. Re:But do they have a case ? by Richard_at_work · · Score: 2

      Trademarks don't have to be registered, it just helps in some circumstances.

    2. Re:But do they have a case ? by Space+cowboy · · Score: 3, Insightful

      But if you do want to assert the right of a trademark, you have to defend it. Why, in that case, did they not defend their name against he previous owners of the cloud domain ? Again, I think they're just out to make some quick cash at Apple's expense.

      Simon

      --
      Physicists get Hadrons!
    3. Re:But do they have a case ? by cbiltcliffe · · Score: 1

      Maybe, like myself, they've never heard of the previous owners of the domain.
      It may have only come to their attention when Apple started their eleventy billion dollar marketing campaign on the matter.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    4. Re:But do they have a case ? by Space+cowboy · · Score: 1

      So, this is an excuse for *them*, but not for Apple ? I mean, who had heard of this obscure VOIP company before now ? That VOIP company that never trademarked anything or held the domain name ...

      Simon

      --
      Physicists get Hadrons!
    5. Re:But do they have a case ? by Anonymous Coward · · Score: 0

      I don't know whose side to pick anymore. Oh well, after Apple's recent antics I say sue 'em.

    6. Re:But do they have a case ? by fistfullast33l · · Score: 1

      Why, in that case, did they not defend their name against he previous owners of the cloud domain ?

      I have the same exact situation with my own company. I own the .net analogue of my company's name, and someone owns the .com. They've owned the .com for several years, and have a 10-year registration according to GoDaddy. The site currently doesn't do anything - it doesn't resolve at all.

      The best thing to do in this case is not to approach the person, but establish yourself and make the name worth something. Then, the cybersquatter will attempt to monetize the name and hopefully do something which can be used in a UDRP claim against them, like setting up an advert site or something.

      In any case, it appears the trademark was owned by someone else and maybe iCloud didn't want to pay up. You can't go based on domain names at all - you have to use established business use as the guideline.

    7. Re:But do they have a case ? by Anonymous Coward · · Score: 0

      So you're saying that if you haven't heard of a company, they should just roll over and let Apple take whatever they like?

    8. Re:But do they have a case ? by cbiltcliffe · · Score: 1

      It's an acceptable excuse for why they're not defending it. If you've never heard that someone is using the name, then how could they possibly defend against it?

      Hypothetical: I start a gardening company specializing in playing music to plants (peas, mostly) under the theory that they grow better. The product also has a small camera, so you can keep an eye on your garden from anywhere, so you can tell if pests are trying to steal your vegetables. I call my product the "iPod", because the music helps the peas the most, and "eyePod" was too clumsy, even though it denoted the camera aspect. I run this one man business for a few years, then companyB creates an "iPod" product, which Apple sues for. I send a letter to companyB, stating I've been using this name for years, and Apple has never defended against it.

      So now, Apple should lose their trademark on iPod, because some backwater sole proprietor company used the product name but flew under the radar? No.

      On the other hand, a simple Google search for "iCloud" results in the domain "geticloud.com" coming up. There's no excuse for Apple to have used it without knowing about this other company.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    9. Re:But do they have a case ? by AK+Marc · · Score: 1

      I wish Google had a way of searching so that you could get the results displayed based on a past point in time. I'd like to search on the term iCloud 6 months ago and one year ago and see what came up.

      Oh, and you are incorrect in that they never "trademarked" anything. They never registered for the trademark and don't own the domain of the same name, but neither is required to own the trademark.

    10. Re:But do they have a case ? by Fjandr · · Score: 1

      Yes, that's what many people are saying. Since they weren't large enough to be on Apple's radar, they should let their business name be steamrolled.

      Just because a company doesn't have a national presence in advertising, and so doesn't register a mark nationally (many, many companies don't, and with good reason), doesn't mean an international entity has the right to come along and co-opt their name. If they didn't fight this, the law would no longer protect their use of their own damn name, and Apple could sue them into non-existence and would have the law on their side in doing so.

    11. Re:But do they have a case ? by thegarbz · · Score: 1

      Defense is something that comes with context. For instance Apple suing our local supermarket chain here in Australia because their logo is a W in the shape of an Apple, this is equally absurd and not suing them would never be seen as lack of defense of a trademark.

      The context works just as well when you think of it in terms of real defense. You walk down the street with a concealed firearm, do I need to defend myself against you? What if you pulled the firearm out and pointed it at me?

      iCloud was a name no one heard of before recently and thus was no threat even if the domain iCloud was parked by someone. However now everyone associates it with Apple which has a direct impact on a business called iCloud selling cloud services which Apple is also using the name for. They now ARE defending it.

    12. Re:But do they have a case ? by Anonymous Coward · · Score: 0

      Maybe they licensed it to iCloud.com? Trademark license agreements don't have to be public nor do they have to be transferable. You don't know whether they did or not... Whatever you say about them not defending it is just speculation on your part.

  8. Identical or near-identical goods and services? by Cinder6 · · Score: 4, Informative

    Just checked out iCloud Communications' website (http://geticloud.com/)... From the looks of the front page, at least, they're in the VoIP market. How is that related to Apple's iCloud? (I would actually be happy if Apple had to ditch the iCloud name, but it won't happen. It would be nice to see them move away from iWhatever; it was annoying when they introduced the first iMac, and it's annoying now.)

    --
    If you can't convince them, convict them.
    1. Re:Identical or near-identical goods and services? by msauve · · Score: 1

      " they're in the VoIP market. How is that related to Apple's iCloud?"

      They're Internet services. Duh.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Identical or near-identical goods and services? by PsychoSlashDot · · Score: 3, Informative

      From the looks of the front page, at least, they're in the VoIP market. How is that related to Apple's iCloud?

      Because if you click on the link in the upper right-hand corner labeled "Data Center Web Site" you discover they offer a whole lot more than VoIP. From within that area:

      "Founded in 1985, iCloud Communications is an established business run by a seasoned management team. We've built a distinguished track record in network technologies and infrastructure operations. Our data center solutions provide a range of colocation, hosting and technical support services to telephony service provider and small-to-mid-sized enterprise customers."

      --
      "Oh no... he found the .sig setting."
    3. Re:Identical or near-identical goods and services? by Anonymous Coward · · Score: 0

      All software is the same thing, and yet also uniquely innovative. At least that's what I've learned by paying attention the handling of software patents in the U.S.

    4. Re:Identical or near-identical goods and services? by w0mprat · · Score: 3, Funny

      "Founded in 1985, iCloud Communications is an established business run by a seasoned management team."

      I'm interested in these seasoned managers, is the purpose of the seasoning to mask bitterness and un-palatability?

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    5. Re:Identical or near-identical goods and services? by Anonymous Coward · · Score: 0

      A trademark violation doesn't have be for exactly the same thing, it just has to be close enough that it might cause confusion on the part of the consumer.

    6. Re:Identical or near-identical goods and services? by Fjandr · · Score: 1

      Yes, but iCloud doesn't produce Holy Software, so they are obviously not in the same industry.

    7. Re:Identical or near-identical goods and services? by bryan1945 · · Score: 1

      Tastes like chicken.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    8. Re:Identical or near-identical goods and services? by mea_culpa · · Score: 1

      Just checked the AZ Secretary of State business and tradnames site and wouldn't you know the only filing for iCloud is last month. I'm no Apple fan but this really does seem the work of trolls.

    9. Re:Identical or near-identical goods and services? by Anonymous Coward · · Score: 0

      My experience with marinated managers is that they are usually easier to deal with in the afternoons - after they have had another liquid lunch.

    10. Re:Identical or near-identical goods and services? by snowgirl · · Score: 1

      "Founded in 1985, iCloud Communications is an established business run by a seasoned management team."

      I'm interested in these seasoned managers, is the purpose of the seasoning to mask bitterness and un-palatability?

      Do management teams come in any other form? ;)

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  9. May not be intentional on Apples part by Anonymous Coward · · Score: 0

    I mean they may have thought they had the name after they bought the icloud.com domain from a swedish company, who had also run a cloud service they called icloud, not long ago.

  10. In other news... by Anonymous Coward · · Score: 0

    Apple trademarks /^i[A-Z]([A-Z]+|[a-z]+)$/.

    1. Re:In other news... by Anonymous Coward · · Score: 0

      You fail regexp. /^i[A-Z][A-Za-z]+$/ is identical but shorter and faster.

    2. Re:In other news... by Elros · · Score: 1

      Not identical. Yours matches "iCaL". His doesn't.

    3. Re:In other news... by Anonymous Coward · · Score: 0

      You fail, that's not identical.

    4. Re:In other news... by mysidia · · Score: 1

      Why not just cut to the chase? /^i.*/i

      I'm surprised Apple has not sued over interstate numbering, e.g. I-57... clearly mark dilution. (J/K) :)

  11. How did they not know? by gman003 · · Score: 1

    Seriously, how did Apple not know about it? Doing a trademark search is simple - it's almost as easy as Googling it, once you find the search site. Half an hour's work could have thoroughly checked for anyone using that name - did nobody at Apple think to do so?

    1. Re:How did they not know? by Anonymous Coward · · Score: 0

      Apple probably went ahead knowing full well they would be sued. It isn't too hard to imagine a scenario where they tried and failed to purchase the iCloud mark and then decided it would be just as good to go ahead, get sued, pay an infringement several years down the road, and also get the courts allowance to continue using the mark in the future. Kind of a forced sale at the end of the day.

    2. Re:How did they not know? by jklovanc · · Score: 4, Insightful

      The only currently registered trademark is this one. http://tess2.uspto.gov/bin/showfield?f=doc&state=4007:67i706.2.13

      It seems that iCloud Communications did not register the trademark.

      Apple has 100 applications in to the USPTO right now for iCloud

    3. Re:How did they not know? by jklovanc · · Score: 1

      sorry, I meant Apple has 11 applications

    4. Re:How did they not know? by hydrofix · · Score: 1

      You can search trademarks here. For the keyword "Icould" I can find a bunch of Apple trademarks, but no iCloud Communications trademark. Interestingly, there is an identical trademark to Apple's iCloud service with USPTO serial number #79056140 (does anyone know how to link USPTO trademarks directly? The TESS system is braindead!), owned by a Swedish company Xcerion AB CORPORATION, Drottninggatan 23, Linköping. From the description of their service:

      Computer programs for information management, for creating spreadsheets, tables, graphs and charts ... ... ... for viewing and organizing audio-visual content such as music, video and photos, ... ... ...

      Providing temporary use of on-line non-downloadable software for information management, for creating spreadsheets, tables, graphs and charts and for organizing and analyzing data, ... for viewing and organizing audio-visual content such as music, video and photos, for creating and administrating online communities and groups, for creating and maintaining personal blogs, for online sharing of any digital content, ... , and for integrating and aggregating existing online services.

      This trademark was filed in 2008, prior to any of the Apple's 2011 trademarks. I think they might truly have a chance of beating Apple in court, but maybe they are just not bastards, or have an agreement with Apple?

    5. Re:How did they not know? by TimHunter · · Score: 4, Interesting

      Of course they did. Probably some junior intern in the Legal department did the search and reported his findings to his boss. That boss commissioned a legal secretary to find out what iCloud Communications is and draft a memo. Then he gave the memo to his boss. That boss sat in one or meetings with senior legal staff where one of the items on the agenda was iCloud Communications. Based on the memo, and perhaps a phone call or two to iCloud Communications, the senior legal staff figured that paying off (I mean, negotiating a settlement with) iCloud Communications would be cheaper than getting the rights up front and so decided to go ahead and start using the iCloud name.

      After all, Steve wanted to use the iCloud name and it was their job to make it happen. Apple can, if necessary, throw a few hundred thousand at iCloud Communications. That's chicken feed in the whole iCloud thing.

      Let me be clear: I'm not saying this is evil or anything like that. It's just how things work. Any settlement with iCloud Communications will be just a part (and a negligible part, at that) of the cost of doing iCloud business.

    6. Re:How did they not know? by UnknowingFool · · Score: 1

      Apple bought iCloud.com from Xcerion on April 28, 2011 for $4.5 million. I assume they also bought the trademark as well.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:How did they not know? by UnknowingFool · · Score: 1

      Except that iCloud Communications has never applied for the trademark. That makes it hard for them to defend a trademark they don't own. iCloud Communications has never even applied for a trademark for their own name.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:How did they not know? by larry+bagina · · Score: 1

      Apple bought the iCloud name from Xcerion a few months ago.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    9. Re:How did they not know? by gman003 · · Score: 1

      Huh. So it seems pretty obvious, then, that "iCloud Communications" doesn't really have a leg to stand on. The only thing you can sue for with an unregistered trademark is "passing off", if Apple were trying to advertise their service/product as being provided by iCloud Communications without it actually being so. Since that's not the case, as far as I can tell, the case will probably be swiftly dismissed.

    10. Re:How did they not know? by bloodhawk · · Score: 1

      You don't have to register a trademark, As long as you can prove active use of the name before someone else came along and tried to use it you are protected.

    11. Re:How did they not know? by jklovanc · · Score: 1

      If that was true then there would be no reason to register a trademark.

    12. Re:How did they not know? by crossmr · · Score: 1

      No, it just helps. It makes your court cases easier, but it's not a requirement.

    13. Re:How did they not know? by crossmr · · Score: 1

      it's already been said 100 times that you don't need to file for the trademark to own it.

    14. Re:How did they not know? by UnknowingFool · · Score: 1

      But it also makes 100 times harder to defend it if they didn't register especially before suing. By suing for trademark infringement, a company says that a mark or brand is so valuable it needs protecting and that the brand may be diluted by the defendant. How can the company reasonably argue that when the mark wasn't valuable enough to register it in the entire history of the company?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    15. Re:How did they not know? by crossmr · · Score: 1

      Someone also pointed out that the company owns the name icloud communications and one of the issues is not simply that it's the same, but that it's close enough to damage theirs.

      Apple music Apple Computers was the example given above.

    16. Re:How did they not know? by UnknowingFool · · Score: 1

      iCloud Communciations does not even register "iCloud Communications" as a trademark. Again how valuable is "iCloud Communications" as a name, if they didn't bother to register it. How can they then argue "iCloud" is too close? Apple Computer won the suit if I'm not mistaken.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    17. Re:How did they not know? by crossmr · · Score: 1

      No, they lost:

      The suit was settled in 1981 with an undisclosed amount being paid to Apple Corps.

      As a condition of the settlement, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business.

      They won in that they got to keep the name, but they lost in that they had to pay for it.
      You can read right?

      this led Apple Corps to sue again, claiming violation of the 1981 settlement agreement.[2] The outcome of this litigation effectively spelled the end of any further development of the highly profitable Apple II line,

      In 1991, another settlement involving payment of around US$26.5 million to Apple Corps was reached.

      Apple computers only won in 2003 over itunes.
      Now the difference in this case, as someone already pointed out is that the two companies are already in the same business. Where Apple Music and Apple Computers did two different things.
      Were apple to get another such judgment, they would essentially kill their icloud service.

    18. Re:How did they not know? by Fjandr · · Score: 1

      Apple Computer originally prevailed in Apple Corps' last suit against them, but settled when Apple Corps appealed the ruling. As far as I know, there has never been a standing ruling in any suit between the two. All cases were eventually settled, though the terms of the last are undisclosed. Since Apple Corps had a good case on appeal, it is likely that the Beatles featuring on iTunes factored heavily in the settlement, with both Apple Corps and Apple Computer making large sums of money on the deal.

    19. Re:How did they not know? by gman003 · · Score: 1

      You're thinking of a copyright, which does not require registration. An unregistered trademark only receives common law protections and certain Lenham Act protections. IANAL, so my only source on this is the Wikipedia article linked previously. If you can point me to a better, more reliable source, I will gladly stand corrected.

    20. Re:How did they not know? by honkycat · · Score: 1

      Sure there is: in addition to possibly assisting in your defense later, it serves a less cynical purpose: it helps others easily identify your claim to the mark when they're doing their research. This improves the odds that they realize the mark is in use and prevents having anything to defend. Sometimes we forget that this is the main goal of most trademark holders: it's pretty rare to have a windfall by suing to defend an infringed trademark.

      Why didn't these guys register? Who knows, maybe they're up to no good, but it seems more likely they just didn't think it was necessary or didn't think about it. A lot of companies like this are run by relatively unsophisticated businesspeople (I don't mean this as a slur, just that they are not up on the intricacies and nuance of IP law, etc, and are chiefly interested in operating their business). It doesn't seem farfetched that they were happy to plug along with their business, happily using their trademark and were never aware of the other registration until they read in some news source that Apple was about to "steal" their name on a massive scale. IANAL, so I could be wrong, but I don't believe a trademark holder has to actively monitor for registrations or go to extraordinary lengths to make sure there are no infringements to be aware of --- I think they just have to defend the mark if they become aware of infringement.

    21. Re:How did they not know? by UnknowingFool · · Score: 1

      From wikipedia:

      The High Court of Justice handed down a judgment on 8 May 2006 in favour of Apple Computer, but the companies did not announce a final settlement until 5 February 2007.

      How does judgement in favor of Apple == loss?

      No, they lost:

      They settled in 1991, they ultimately did not lose when it came to a judgement.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    22. Re:How did they not know? by UnknowingFool · · Score: 1
      Read the wikipedia article I linked above:

      The High Court of Justice handed down a judgment on 8 May 2006 in favour of Apple Computer, but the companies did not announce a final settlement until 5 February 2007.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    23. Re:How did they not know? by Fjandr · · Score: 1

      Yes, that's a restatement of what I said. Apple Corps lost the initial ruling, and both parties then settled prior to a ruling on the appeal of the original ruling. The original ruling became entirely moot at that point.

      There was little reason for Apple Computer to reach a financial settlement with Apple Corps after receiving a favorable judgement unless Apple Corps had a strong appeals case.

    24. Re:How did they not know? by crossmr · · Score: 1

      They won 25 years later on a dispute over the agreement, they did not win a court case over their use of the name. The only reason they even had that court case 25 years later, and got to use the name was because they settle with apple corp and paid a fee to them, I'd consider settling in the other party's favor to be a loss.
      In 1981 Apple Corp received a settlement
      in 1989 Apple corp sued and yet again received a settlement in their favor
      in 1991 Apple corp sued and again received a settlement in their favor
      in 2006 Apple Computers won in court over an interpretation of the original agreement, one that first cost them money, and twice they settled for effectively admitting defeat in all 3 of those cases. Did someone bang the gavel and say "You lost" no, Apple Computers did that themselves.

      it's quite clear that you're yet another apple warrior, but I'd hardly call 3 settlements in the favour of the other party anything but a loss. They settled because they knew they would lose. Apple was taken to court 4 times, they won once and paid 3 settlements.
      yet in this case, they only won because of the original agreement and because their business models were different. In this case icloud communications has a similar business model and apple isn't holding an agreement they can wiggle around in.

    25. Re:How did they not know? by jklovanc · · Score: 1

      The issue is that they didn't read the law before filing a suit. The only protection an unregistered trademark has in if the new user is passing their products off as being made by the original holder. Since all advertisement where Apple uses the iCloud mark they also use their Apple mark this is not happening. The are going to lose in court and the lawyer who recommended they sue will get paid as usual.

    26. Re:How did they not know? by honkycat · · Score: 1

      They may not be able to claim damages, but I'm fairly sure they can also keep the infringer from continuing the infringement. They might still "win" (in the cashing in sense) if Apple decides it's cheaper to buy them out than bother defending, which is not an implausible outcome.

      Or, maybe they actually just want to stop the infringement. Of course, I didn't bother reading much of the article so I don't know, I am just making conversation. :-)

    27. Re:How did they not know? by harlows_monkeys · · Score: 1

      Seriously, how did Apple not know about it? Doing a trademark search is simple - it's almost as easy as Googling it, once you find the search site. Half an hour's work could have thoroughly checked for anyone using that name - did nobody at Apple think to do so?

      A search cannot find that which is not there, Grasshopper.

    28. Re:How did they not know? by UnknowingFool · · Score: 1

      Has it not occurred to you that they settled in the beginning because they were (1) a smaller company in the beginning facing a bigger company with deeper pockets and (2) decisions in trademark infringement did not favor them until more recently.

      In this case icloud communications has a similar business model and apple isn't holding an agreement they can wiggle around in.

      Explain to me how VOIP services is a similar business model to a online syncing of media and metadata of electronic devices.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    29. Re:How did they not know? by crossmr · · Score: 1

      They settled because they had no case. One time they settled for 26 million dollars... you think that isn't enough money to mount a sufficient legal defence?
      Have you considered that if you weren't such a raging fanboy you might not look so ridiculous?
      and again they only won the fourth time due to the agreement they settled on the first time. They didn't win a straight shoot-out.

      VOIP services is not the only service they offer. When you find a clue let me know.

    30. Re:How did they not know? by UnknowingFool · · Score: 1

      They settled because they had no case. One time they settled for 26 million dollars... you think that isn't enough money to mount a sufficient legal defence?

      See Moseley v Victoria Secret. And the OS 9 lawsuit. Cases that have come later that support's Apple's position that two marks can exist in different industries.

      VOIP services is not the only service they offer. When you find a clue let me know.

      From iCloud's website: Services they offer: VOIP services. Under Products: IP phones, wireless IP phones, VOIP gateways (in other words things that support their VOIP services). Let me know when you've done a basic amount of research.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    31. Re:How did they not know? by crossmr · · Score: 1

      See Moseley v Victoria Secret. And the OS 9 lawsuit. Cases that have come later that support's Apple's position that two marks can exist in different industries.

      First they'd have to be in two different industries.
      Apple's iCloud is a remote data storage service.
      You know..
      kind of like this one is:
      http://www.geticloud.com/datacenter/

      You know, the thing that is linked directly off the front page. Upper right.
      Let me know when you pull your head out of Steve Job's backside.

    32. Re:How did they not know? by UnknowingFool · · Score: 1

      Colocation and hosting and VOIP == Apple's iCloud. Are you serious? If you think all those are the same things, it will take a lifetime to explain to you the difference.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    33. Re:How did they not know? by thoromyr · · Score: 1

      That great bastion of knowledge known as wikibooks says "Federal registration is not mandatory to receive trademark protection, but a mark owner seeking to enforce trademarks in US federal court needs either a federal registration or a violation of the Lanham Act's specific sections on false advertising or unfair competition." [http://en.wikibooks.org/wiki/US_Trademark_Law]

      Sounds like iCloud Communication will need to specify how Apple is committing false advertising or presenting unfair competition. They may be angling for a pay off, but it may just result in lawyer billing driving them out of business.

  12. iAnything by MikeFM · · Score: 1

    Whereas the name iCloud was meant to sound like an Apple product? Anything named in that way is being named to make people connect it with Apple.

    I think Apple should be more careful but this is obviously a case where both sides contributed to the problem.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    1. Re:iAnything by VortexCortex · · Score: 1

      iRiver -- The MP3 player that predated the iPod...

      You can't own trademark over a single letter prefix, and Apple was not the first do use the i. When e started being used for "electronic" -- email, etc, some people used i instead to signify "Internet" (after that form became substitute for Internetwork, of course); However, The original iPod did not have Internet access, so what does Apple's i prefix mean? Nothing. It's just a prefix so they can use short names like "Cloud", "Pod", "Pad", "Tunes"or "Mac", etc without collisions with other companies and products. Despite the Jobsian spin, the undesirable but necessary prefix was chosen based on its physical appearance: Lowercase "i" is the shortest and thinnest of English letters -- It's meant to be less noticeable, hence the following capital letter that overshadows it.

      When you go international with a brand/product name, there's a chance some smaller, less visible companies will have names that collide -- I'm sure Apple has a fund set aside for this instance.

    2. Re:iAnything by Durandal64 · · Score: 1

      iRiver -- The MP3 player that predated the iPod...

      The iMac was the start of the 'i' trend, not the iPod.

    3. Re:iAnything by Anonymous Coward · · Score: 0

      Was Apple using the "i" naming convention back in 1985 when iCloud Communications started doing business?

    4. Re:iAnything by Anonymous Coward · · Score: 0

      "Founded in 1985, iCloud Communications is an established business run by a seasoned management team. We've built a distinguished track record in network technologies and infrastructure operations. Our data center solutions provide a range of colocation, hosting and technical support services to telephony service provider and small-to-mid-sized enterprise customers."

      So yeah, no.

    5. Re:iAnything by xero314 · · Score: 1

      The iMac was the start of the 'i' trend, not the iPod.

      One, does not a trend make.

  13. This is nonsense by Anonymous Coward · · Score: 0

    What?

    from that complaint:

    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 under the iCloud Marks since its formation in 2005

    but Apple paid for iCloud.com, and this iCloud communications website ( http://geticloud.com ) shows that the company is a VOIP provider.

    That means it has didly squat in common with apples use of iCloud.
    No one is going to be confused, a small business isn;t going to say - hey lets switch to a cheap VOIP solution
    and then go "What? why do we have some kind of syncing solution with apple devices?"
    besides, there is no independent signup with apples iCloud - they aren't looking for random customer signup,
    it is just an additional service provided when you by you iPod/iPhone/iPad/iMac/Mac

  14. The Beatles record label says get off my cloud... by phonewebcam · · Score: 1

    or has my blind fanboi reverence gotten me Stoned?

  15. Re:Rotten Apple by pnewhook · · Score: 0, Troll

    Has it ever occurred to you that Apple, like the rest of us, have never heard of this company and had no idea the name was in use? It's not even the same name. It's different. This lawsuit is ridiculous and hopefully it gets thrown out.

    --
    Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  16. Re:Rotten Apple by Anonymous Coward · · Score: 0

    Lighten up, Francis.

  17. iCloud made new by Anonymous Coward · · Score: 0

    Come on iCloud Communications. They are totally different. Steve took your old iCloud name and made it new. He made a new shiny aluminium logo. It's new...stop kidding yourself. If it's got Apple on it it's new even if it was old. Brilliant! ;-)

  18. USPTO by jklovanc · · Score: 3, Informative

    I guess iCloud Communications should be introduced to the USPTO. I did a quick search on the trademark iCloud and came up with 12 filed by Apple and one owned by Xcerion AB CORPORATION SWEDEN (registered in 2010). If you want to protect a trademark then register it.

    1. Re:USPTO by frozentier · · Score: 2, Informative

      I guess iCloud Communications should be introduced to the USPTO. I did a quick search on the trademark iCloud and came up with 12 filed by Apple and one owned by Xcerion AB CORPORATION SWEDEN (registered in 2010). If you want to protect a trademark then register it.

      You don't have to trademark it, you just have to prove you used it first. It's the same thing with copyrights.

    2. Re:USPTO by topham · · Score: 4, Insightful

      Failure to file for a trademark will doom you in court 9 times out of 10, particularly if it can be shown your trademark already overlapped in the market in question. Which in this case it seems to have overlapped with multiple players. oops.

      This isn't about a local company using a name for 30 years and having a national, or multination company move in.

    3. Re:USPTO by dcollins · · Score: 1

      Possibly you mean "you don't have to register the trademark".

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    4. Re:USPTO by Anonymous Coward · · Score: 0

      Apple bought rights for that name from Xcerion for a substantial sum of money, so nothing fishy here.

    5. Re:USPTO by cob666 · · Score: 1

      But was Xcerion actually doing business under that trademark in the same field that Apple purchased the trademark to use in? It could very well be that Xcerion wasn't overlapping in the market.

      --
      Do what thou wilt shall be the whole of the Law - Aleister Crowley
    6. Re:USPTO by whiteboy86 · · Score: 1

      USPTO is NOT the only registrar, it serves the US but not the whole world, EU and even every country within EU has some independent registrars, the same applies for countries in Asia or Latin America... If you have a valid trademark in Germany or UK then US company with global reach might still have a problem as it has been shown with the Google's gmail case.

    7. Re:USPTO by jklovanc · · Score: 1

      Check the court filing document. iCloud Communications is not claiming they have registered the mark anywhere. They are claiming that it is theirs because they use it.

    8. Re:USPTO by jklovanc · · Score: 1

      As long as Apple is not attempting to "pass off" their services as coming from iCloud Communications there is not a problem. The only protection an unregistered trademark as is against misrepresenting the source of the product or service. Apple is not doing that.

    9. Re:USPTO by Anonymous Coward · · Score: 0

      Wrong. You also have to protect it. iCloud communications lost their rights by not protesting when Xcerion filed over three years ago. They didn't and Xcerion was awarded the mark which Apple bought fair and square. Simply put they have no case in fact Apple could sue them for infringement and win hands down. Apple owns the Trademark.

    10. Re:USPTO by Anonymous Coward · · Score: 0

      Here's a pretty high profile example of rightfully holding a domain and having a large corporation try to steal it from you.

    11. Re:USPTO by Anonymous Coward · · Score: 0

      This isn't about a local company using a name for 30 years and having a national, or multination company move in.

      According to iClouds website it was only 26 years.

  19. Maybe not trademarked by iCloud Communcations by lionsburg · · Score: 1

    uspto.gov says there are 13 icloud registration marks, 11 of which are owned by Apple. The remaining two marks are owned by a Swedish company "Xcerion" and a person "Douglas Dane Baker". No queries returned ANY owned marks by iCloud Communications. Can anyone else confirm this?

    1. Re:Maybe not trademarked by iCloud Communcations by pixline · · Score: 1

      They don't have a TRADEmark, just some mark. I read it also on macrumors.com but I can't find the article now..

      That's the (awesome) point: they sue Apple because they have a name and a logo! I think if your business is so tightly connected with your name, you should *at least* bother to trademark it, not just have someone design you a logo (unless you're used to it in USA, I hope not)

    2. Re:Maybe not trademarked by iCloud Communcations by Anonymous Coward · · Score: 1

      You don't need to register a trademark to "own" it. It's just a better proof, but usually something like a business creation document is enough to tell that it's a name that you use to do business with.

    3. Re:Maybe not trademarked by iCloud Communcations by UnknowingFool · · Score: 1

      It makes your case for trademark infringement less likely to succeed if you didn't bother to register the trademark in the first place.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Maybe not trademarked by iCloud Communcations by aztracker1 · · Score: 1

      I think people confuse TM - Trade Mark with (R) registered trademark.

      --
      Michael J. Ryan - tracker1.info
  20. Re:I love iCloud's FAQ by LearnToSpell · · Score: 2

    It's the cloud, dude. You can call whatever number you want and reach them.

  21. Re:Rotten Apple by canajin56 · · Score: 1

    Poor poor Apple, it sure is expensive to hire trademark lawyers to check if something's already taken. How ridiculous, a company going to court to enforce their trademark according to the law. And yes I totally agree with you, "iCloud" is a very different name than "iCloud". Ummm, but just so everybody else is on the same page as us, how exactly is it totally different?

    --
    ASCII stupid question, get a stupid ANSI
  22. market segment and VOIP by goombah99 · · Score: 0

    iCloud communications sells VOIP. apple sells iphones that sync in the icloud. Are these different market segments? If apple makes that argument, like they did initially with apple records then perhaps apple will not be allowed to sell VOIP down the road, or will have to remove all voip or skype apps from the app store.

    As far as subsidiary confusion goes that does not work against icloud.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:market segment and VOIP by jonbryce · · Score: 2

      Facetime is VOIP surely? And you can run Skype and various SIP clients on the iPhone.

    2. Re:market segment and VOIP by Anonymous Coward · · Score: 0

      Sure, Facetime might be considered VOIP, but it's called 'Facetime', so I'm pretty sure it's not going to conflict with an unregistered 'iCloud Communications' mark.

  23. Other names Apple cannot use: by Ghiora · · Score: 4, Funny

    Rainbow Cloud (RCloud) Jessy Jackson will sue them. Singing Cloud (SCloud ) Music Cloud (MCloud . ) McLoud public schools will sue them FCloud (FriendCloud) GCloud No Cloud (NCloud) I hereby copyright all permutations on non used [a-zA-Z0-9]*Cloud.

    1. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      i think dennis weaver has a case..

    2. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      I figured if they tried to use McCloud they'd get sued by the Highlander...

    3. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      I'm going to sue iCloud Communications for suing Apple without my express permission. Plus, I'm pretty sure there is a girl named "Sue", somewhere in America, that has a way to profit, in there, as well.

    4. Re:Other names Apple cannot use: by jamesh · · Score: 1

      all permutations on non used [a-zA-Z0-9]*Cloud.

      There are some lawyers from !Clould, #Cloud, @Cloud, &Cloud, %Cloud, $Cloud, and [Cloud] here who would like a word...

    5. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      or sued by The Love Boat or Gavin MacLeod

    6. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      Oh, yeah? Well I hereby copyright all previously-unused permutations of '[^a-zA-Z0-9]+Cloud'! That's right, I'm taking it international!

    7. Re:Other names Apple cannot use: by Anonymous Coward · · Score: 0

      You copyright "Cloud"? I'm pretty sure there's some prior art to that claim.

  24. Apple bought trademark from Xcerion by guidryp · · Score: 1

    Actually from what I read these guys never actually registered the trademark.

    Apple searched and bought the trademark from Xcerion, who actually did register it.

    1. Re:Apple bought trademark from Xcerion by presidenteloco · · Score: 3, Informative

      How trademark law is actually defined is:

      If you use a mark in trade, you have the trademark right.

      Then there are a bunch of criteria about whether the type of trade is sufficiently similar to cause confusion in the buying public.

      So iCloud Rainmakers Inc. would be ok because not a computer or internet related business.

      --

      Where are we going and why are we in a handbasket?
    2. Re:Apple bought trademark from Xcerion by volpe · · Score: 1

      How trademark law is actually defined is:

      If you use a mark in trade, you have the trademark right.

      It's really just that simple? Well, that certainly simplifies the entire issue, doesn't it? All Apple has to do is use the mark "iCloud" in trade, and they'll have the trademark right. Problem solved.

  25. Re:Rotten Apple by pnewhook · · Score: 0, Troll

    One is iCloud Communicaitons and is an Arizona company selling Voip. The other is Apple iCloud and sells a data service, not phones.

    How could anyone confuse them?

    --
    Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  26. This Again by sudonim2 · · Score: 1

    Apple did the same thing with Cisco over the name "iPhone". Look how that turned out.

    1. Re:This Again by bloodhawk · · Score: 1

      The iPhone at the time was a dead trademark, ie the product had not been actively developed from the company Cisco had purchased, then in 2006 they decided to rebadge their voip range as iphone just before apple released their iphone, so the argument there was that cisco were just trying to reactivate their rights to the trademark. The iCloud is an actively used name in the industry for a company, very very different situations.

  27. If they are so creative come up with a new name by NotQuiteReal · · Score: 1

    Apple could just make up a name and make is stick - how about synchole - marketing would be a snap "just toss all of your digital data in our synchole!"

    --
    This issue is a bit more complicated than you think.
    1. Re:If they are so creative come up with a new name by Anonymous Coward · · Score: 0

      appCloud? oh wait...

    2. Re:If they are so creative come up with a new name by Anonymous Coward · · Score: 0

      lol for some reason I read that as "sickhole"

  28. Re:Rotten Apple by Anonymous Coward · · Score: 0

    And yet, Apple suing Amazon over the use of "App store" is not ridiculous? Karma's a bitch, ain't it?

  29. Apple should have patented by FudRucker · · Score: 1

    using the letter "i" before any name or trademark, too late now...

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:Apple should have patented by hipp5 · · Score: 1

      IIRC they tried. Or at least there was a point where they were suing anyone who used iObjectname. (Again, IIRC) Apple lost.

    2. Re:Apple should have patented by Anonymous Coward · · Score: 0

      Actually Intel tried to do this in the early 90's. They tried to trademark "386" and "x86" because AMD was claiming their processor was a 386 also... and lost their case.

      This sparked the slight renaming of the "386"nickname to be "i386" ( and Am386 ).

      I guess I'm old now for remembering that.

    3. Re:Apple should have patented by drb226 · · Score: 1

      Infringer! The abbreviation iIRC is trademarked, donchaknow.

  30. And off we go... by Anonymous Coward · · Score: 1

    After iCloud comes iRain.

    So let's claim that name!

  31. Re:Rotten Apple by Anonymous Coward · · Score: 0

    This has nothing to do with apple buying the trademark. They are infringing on someone else's trademark, most likely intentionally, to stomp out competition. There are now TWO different iCloud services... one run by Apple (the new one) and one run by iCloud Communications (the old one) but all anyone will hear about is the apple iCloud, effectively putting iCloud Communications out of business.

  32. Re:Rotten Apple by gilesjuk · · Score: 2, Interesting

    So I guess you're typing your message using Lynx browser running in a terminal? I guess not, so you're guilty of using a dumbed down computer interface. Real men use the command line, using a mouse you're avoiding learning a zillion keyboard shortcuts which requires skill.

    Computers used to be reliable, simple to use and required very little technical skills. Microsoft and Intel ruined this with their lousy inferior designs (Amigas, Atari STs and Acorn Archimedes computers were much nicer to use).

    So far from dumbing down computers, Apple and others are trying to get us back to where we were before Microsoft and the junk that is the PC architecture ruined computing. The fact that everyone seems to be investigating the use of ARM is a good thing as the ARM series of processors can be traced back to Acorn in the 80s so it is at least a decade newer in concept than x86.

  33. Re:Rotten Apple by NiceGeek · · Score: 1

    Apple bought the trademarks from the actual company that owned them. iCloud Communications *never* registered a trademark for either "iCloud" or "iCloud Communuications"

  34. different business by Anonymous Coward · · Score: 0

    because the previous owner didn't do business "identical to or closely related to the goods and services that have been offered by iCloud Communications under the iCloud Marks since its formation in 2005", maybe?

    1. Re:different business by Space+cowboy · · Score: 1

      Right, because VOIP (them) is identical to syncing devices over the 'net (Apple). Of course it is.

      Sheesh!

      Simon

      --
      Physicists get Hadrons!
  35. Why didn't they buy icloud.com then? by damn_registrars · · Score: 1

    Currently that domain redirects to apple. If this company was serious about their name I don't know why they didn't spend the extra $100 (or less depending on registrar) to register the .com domain.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Why didn't they buy icloud.com then? by msauve · · Score: 1

      It was probably held by some domain squatter.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Why didn't they buy icloud.com then? by UnknowingFool · · Score: 1

      It was previously held by Xcerion who sold it to Apple in April for $4.5 million. Xcerion also held an iCloud trademark. I assume Apple purchased both for that sum.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  36. Re:Rotten Apple by UnknowingFool · · Score: 1

    According to business insider, there is no record of iCloud Communications having filed for the trademark for either "iCloud" or "iCloud Communications" trademarks. There are two applications of "iCloud". One belongs to an individual and the other Xcerion for "iCloud.com". Apple has purchased the domain and the trademark from Xcerion. So I would think that, yes, Apple's lawyers did a search.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  37. Hey! You! by Chris+Mattern · · Score: 1

    Get off of iCloud!

  38. Re:Rotten Apple by Anonymous Coward · · Score: 0

    Because Apple owns the registered trademark for App Store, they are entitled to the exclusive use of the name. Amazon does not so they are entitled to go fuck themselves. That how the law works.

  39. Re:Rotten Apple by Anonymous Coward · · Score: 0

    If not for Apple's iCloud, I wouldn't have heard of "iCloud Communications." I guess your point (if there was one) backfired.

  40. iRaq and iRan are both in violation as well by aapold · · Score: 5, Funny

    That is what this whole gulf war was really about.

    --
    "Waste not one watt!" - CZ
    1. Re:iRaq and iRan are both in violation as well by sourcerror · · Score: 2

      I heard iRan is already renamed to Persia .

    2. Re:iRaq and iRan are both in violation as well by styrotech · · Score: 1

      iRan so far away...

    3. Re:iRaq and iRan are both in violation as well by sincewhen · · Score: 1
      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
    4. Re:iRaq and iRan are both in violation as well by cavebison · · Score: 2

      iRaq and iRan are both in violation as well

      No, iRan may yet settle. They're still in talks with A Flock of Seagulls.

    5. Re:iRaq and iRan are both in violation as well by AmiMoJo · · Score: 2

      In all seriousness is this why Americans always pronounce the 'I' in Iran and Iraq as 'eye' rather than 'e'? Not Apple trademark claims, but their love of sticking and 'i' in front of random words and pronouncing it as if it were completely separate.

      I remember when the Wii came out and a lot of people seemed to think it was pronounced 'why'. Why is it only the letter 'I', why not Aye-merica or Jay-pan? Or am I expecting too much in the way of rules from what seemes to have been a natural change in American English?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:iRaq and iRan are both in violation as well by shikaisi · · Score: 1, Funny

      You obviously haven't been to Cairo, Georgia (pronounced KAY-row) or Versailles, Kentucky (pronounced vur-SALES). I sometimes think that certain Americans feel the need to do this deliberately just in case you may have accidentally overlooked the fact that they are ignorant hillbillies.

      --
      No left turn unstoned.
    7. Re:iRaq and iRan are both in violation as well by Anonymous Coward · · Score: 0

      I live in Charlottesville, VA, where we have a Rio (RYE-oh) Road. Also in Virginia, Richmond is surrounded by Henrico (Hen-RYE-Co) county.

    8. Re:iRaq and iRan are both in violation as well by Known+Nutter · · Score: 1

      ... iCouldn't get away...

      --
      Beware of the Leopard.
    9. Re:iRaq and iRan are both in violation as well by Anonymous Coward · · Score: 0

      What about iNDIA. They not only take our corporations fav. letter, they take over our jobs too.

    10. Re:iRaq and iRan are both in violation as well by boristdog · · Score: 1

      In English we have the "Vowel-Consonant-Vowel" general rule for pronunciation. It's not 100% followed, but maybe 90%.

      If you see a pattern of vowel-consonant-vowel, you pronounce the first vowel as long. So Iraq and Iran have a long "i" sound, which in English is "eye." (Or "aye" for pirate English.)

    11. Re:iRaq and iRan are both in violation as well by chispito · · Score: 1

      You obviously haven't been to Cairo, Georgia (pronounced KAY-row) or Versailles, Kentucky (pronounced vur-SALES). I sometimes think that certain Americans feel the need to do this deliberately just in case you may have accidentally overlooked the fact that they are ignorant hillbillies.

      Those are their own damn cities, let them pronounce the names however they wish.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    12. Re:iRaq and iRan are both in violation as well by Anonymous Coward · · Score: 0

      If you are asking seriously then I'll simply tell you no, that's not why Americans pronounce it that way. The Gulf War predates Apple's use of 'i' in everything and the common pronunciation hasn't changed since then.

    13. Re:iRaq and iRan are both in violation as well by Anonymous Coward · · Score: 0

      In all seriousness is this why Americans always pronounce the 'I' in Iran and Iraq as 'eye' rather than 'e'?

      That's a regional accent; I don't voice the 'i' in 'Iraq' at all, and I live in the northeast. If they're changing it into a diphthong, I'd guess it's a southern accent.

      Southerners and southwesterners especially like to add extra sounds to words, that's where Bush's "nuc-u-lar" and Job's "jag-wire" came from, and it's also the origin of "pick-em-up truck" where they jammed a whole extra syllable in.

    14. Re:iRaq and iRan are both in violation as well by tehcyder · · Score: 1

      In English we have the "Vowel-Consonant-Vowel" general rule for pronunciation. It's not 100% followed, but maybe 90%.

      If you see a pattern of vowel-consonant-vowel, you pronounce the first vowel as long. So Iraq and Iran have a long "i" sound, which in English is "eye." (Or "aye" for pirate English.)

      What a load of bollocks. In English English (as opposed to American English) Iraq and Iran are pronounced i'rahk and i'ran with the "i" pronounced as in "bit".

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    15. Re:iRaq and iRan are both in violation as well by AmiMoJo · · Score: 1

      In that case you are spelling them wrong. Iran and Iraq are both non-English words, or rather the best approximation of the original names it is possible to make with available English sounds and general pronunciation. The rule you cite seems to be American English only, not International or British English.

      As as aside I say "aye" all the time. It is in common use in various parts of the UK, most notable Yorkshire where I was born.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    16. Re:iRaq and iRan are both in violation as well by Gilmoure · · Score: 1

      Lots of planets have a north.

      --
      I drank what? -- Socrates
  41. Re:Rotten Apple by Anonymous Coward · · Score: 0

    Exhibit A - a hard drive
    Exhibit B - a computer case

    They are so different, how could anyone confuse them?

  42. Taking over a name with force != right by improfane · · Score: 3, Insightful

    Legality aside, you would think that if they had been using a name legally for 6 years, they have a right to keep using it.

    Something is broken if a larger company can buy a trademark of a smaller company and claim ownership and prevent the smaller company from using it.

    Of course the legal system is not designed for common courtesy or justice, it's for rent seeking legal professionals.

    --
    Slashdot needs Geekcode | Can anyone recommend any good SCIFI? My tastes: Foundation, Startide Rising, CITY, Ringworld,
    1. Re:Taking over a name with force != right by node+3 · · Score: 1

      Legality aside, you would think that if they had been using a name legally for 6 years, they have a right to keep using it.

      I haven't heard of Apple trying to tell iCloud Communications that they can no longer user their name, iCloud Communications. However, that situation may change depending on how this continues on.

      Something is broken if a larger company can buy a trademark of a smaller company and claim ownership and prevent the smaller company from using it.

      Apple bought the actual iCloud trademark from the company that actually registered it, years ago.

    2. Re:Taking over a name with force != right by Fjandr · · Score: 2

      Apple bought the actual iCloud trademark from the company that actually registered it, years ago.

      The application date for the trademark in question is May 29th, 2008. Unless they were using it prior to 2005, they are still in the wrong. Registration of a trademark is not necessary to protect it legally, though it does help. iCloud Communications can have the trademark invalidated based on a claim of previous use in commerce. Apple's purchase of a trademark that was registered later doesn't necessarily protect them legally. They have a long history of strong-arming naming rights though, and they'll likely get their way this time as well. What remains to be seen is how well or badly it turns out for the company who is legally in the right (iCloud Comm.).

    3. Re:Taking over a name with force != right by Chewbacon · · Score: 1

      Steve Jobs put it eloquently to the little guy once: "Just change the name. Not a big deal." I bet he doesn't see it that way anymore.

      --
      Chewbacon
      The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
    4. Re:Taking over a name with force != right by Fjandr · · Score: 2

      That's rather presumptuous.

      In no way is what I said inappropriate. Trademarks are first-come first-serve. If iCloud used it first, and is in a market where there is a good chance of confusion (software, and software), they have a case. Saying that is not, in any way, presumptuous. It is a simple fact, which is more than adequately qualified for what we know is not known (who knew what, when they knew it, and the date each company first used the mark). Nobody knows who was aware of what at any given time currently, except those party to the lawsuit. If iCloud used it prior, they have a case. If Xcerion used it prior, iCloud has no case to speak of. We do not know which of these is actually the truth at this moment. We also do not know if iCloud was aware of infringement long prior to filing a lawsuit.

      As for iCloud Comm, if Apple prevails iCloud will almost certainly be forced to change their name for one reason or another.

    5. Re:Taking over a name with force != right by AmiMoJo · · Score: 1

      Something is broken if Apple's expensive legal team can't use Google to discover potential trademark infringements when picking a name.

      Truth be told all the good names have been taken now. That is why we get random nonsense like Duck Duck Go. Even the classic mis-spelling namespace (HandiPak, EZ-Lube) has been largely saturated now, and that is after the .kr TLD extended it considerably (flikr et al).

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Taking over a name with force != right by Relayman · · Score: 1

      Trademarks are based on the sound of the trademark, not the spelling. HandiPak is the same as Handypack in trademark law.

      --
      If I used a sig over again, would anyone notice?
    7. Re:Taking over a name with force != right by Unequivocal · · Score: 1

      Yeah exactly. It's just question of how much it costs to buy off iCloud Comm. If these guys want $500k to go away, then the paperwork is probably already being inked. I'd guess this company just sees an opportunity to move a little wealth across the table and also ensure they have an agreement to prevent apple from suing them later..

    8. Re:Taking over a name with force != right by AmiMoJo · · Score: 1

      Not true. Well, maybe true wherever you live, but not in the UK.

      As well as trying to avoid trademark violations mis-spelling is also necessary to make generic terms into trademarkable ones. "Handy Pack" would never get a trade mark, but HandiPak with an associated logo would.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  43. Name trolls suck, do REAL work!!! by ben+lindquist · · Score: 0

    Con artists. There is work that makes us richer as a society, and work that makes us poorer. Ben Lindquist

  44. Re:Rotten Apple by MobileTatsu-NJG · · Score: 1

    Ok... so... what, you want the word Insightful next to your post or something?

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  45. Re:I love iCloud's FAQ by zill · · Score: 1

    Why is this marked "offtopic"?

    I personally found it hilarious. A VOIP company telling you to "call our technical support number" if your VOIP phone isn't working.

  46. Re:Rotten Apple by CheerfulMacFanboy · · Score: 1

    Poor poor Apple, it sure is expensive to hire trademark lawyers to check if something's already taken. How ridiculous, a company going to court to enforce their trademark according to the law. And yes I totally agree with you, "iCloud" is a very different name than "iCloud". Ummm, but just so everybody else is on the same page as us, how exactly is it totally different?

    But Apple wasn't sued over a trademark, they were sued over the name - how much does a "name lawyer" cost?

    IANAL (trademark or name), but if you don't bother to trademark the name of your company, you could probably complain if another company takes on a similar name, but not if a product by a company gets one.

    --
    Fandroids hate facts.
  47. Re:Rotten Apple by Anonymous Coward · · Score: 0

    So far from dumbing down computers, Apple and others are trying to get us back to where we were before Microsoft and the junk that is the PC architecture ruined computing. The fact that everyone seems to be investigating the use of ARM is a good thing as the ARM series of processors can be traced back to Acorn in the 80s so it is at least a decade newer in concept than x86.

    Which is the chip that Apple is using at the moment because despite their lies it is a better chip than the PowerPC chips that they were using.
    Apple dumped SCSI for usable interface. Yes crapples about turns are nothing of the sort to fanbois.

  48. Re:Rotten Apple by node+3 · · Score: 0

    What you are calling "dumb[ing] down the population", is Apple making technology better suited for actual humans. That's why Apple has been so successful. They take something out of the reach of 90+% of humanity, and make it as easy as driving a car or using a TV.

    It's not "dumb" to not know how to interact with a computer via a command line, or navigate complex settings. I know this is incomprehensible to some nerds, but although there are some people who are mostly incapable of ever really understanding computers, most people out there just really aren't that interested or motivated. And there's no good reason to require they should be, nor should they be left out of the modern world.

  49. Re:Rotten Apple by AK+Marc · · Score: 1

    Trademarks are owned by the people that use them in commerce. Registering for something you aren't using and don't intend to use doesn't grant you the trademark. Additionally, if Coke (tm) hadn't registered the trademark and 100 years later someone else registered the trademark and sued them, the new company would have lost against the original user of the term and the court would likely find that the 100 year old company did, in fact, own the trademark for Coke without ever having registered it.

    In fact, most states essentially consider registering a company name as a trademark claim, and enforce distinct naming in corporations for this reason (most may be all, and may be less than most - I've formed a corporation in all of two states and the process was nearly identical, both requiring that I sign something that indicated I have manually searched the list of used names and that mine was unique and not substantially similar to another, and that I also paid some small fee for a bureaucrat to also check). And yes, I realize that states don't really have any say in trademarks, but that doesn't stop them from helping prevent brand confusion. Perhaps the solution is that iCloud will have to be aCloud in Arizona, much like Gmail isn't Gmail in Germany (it was Germany, right?)

  50. Re:Rotten Apple by AK+Marc · · Score: 0

    Lynx? Real men telnet to port 80 and read the raw HTML...

  51. Re:I love iCloud's FAQ by AK+Marc · · Score: 1

    And the fact that the number is listed as "(insert number)" in the FAQ, rather than actually giving a number to call...

  52. My First English to Fanboi-speak Phrasebook by pandrijeczko · · Score: 4, Insightful

    Below are some useful phrases that I have learnt on Slashdot over the past year or so that will help you translate Fanboi-speak to English, and vice-versa:

    English: iCloud sues Apple over iCloud name usage.
    Fanboi-speak: It's iCloud's fault for not registering the name properly.

    English: Apple sues iCloud over iCloud name usage.
    Fanboi-speak: It's iCloud's fault for not registering the name properly.

    English: Steve Jobs kills puppies.
    Fanboi-speak: Steve Jobs takes positive steps on problems of dog littering and potential spread of rabies.

    English: Steve Ballmer kills puppies.
    Fanboi-speak: Steve Ballmer kills puppies due to anger at number of viruses in Windows.

    English: iPhone 4 has antenna problems.
    Fanboi-speak: iPhone 4 has enhanced "Do Not Call" and privacy features and less viruses than Windows.

    English: Android outsells iOS.
    Fanboi-speak: Did you count the iPod Touch?

    English: The iPad is too expensive.
    Fanboi-speak: The iPad is no more expensive than a reasonable laptop computer.

    English: The iPad is too locked down.
    Fanboi-speak: The iPad is not designed to replace a reasonable laptop computer.
     

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:My First English to Fanboi-speak Phrasebook by Karlt1 · · Score: 3, Insightful

      English: Android outsells iOS.
      Fanboi-speak: Did you count the iPod Touch?

      Android is an operating system. iOS is an operating system. What's the problem of comparing the number of devices that are sold with each operating system installed?

      English: The iPad is too expensive.
      Fanboi-speak: The iPad is no more expensive than a reasonable laptop computer.

      In a capitalist society, a product that is "too expensive" if it doesn't sell. The iPad sells well. By definition, it isn't too expensive.

    2. Re:My First English to Fanboi-speak Phrasebook by jo_ham · · Score: 1, Insightful

      And we'll add some Apple bashing translation:

      Apple does something bad:
      Bashspeak: See! Apple is evil! It's proof!

      Apple does something positive:
      Bashspeak: Apple clearly has an ulterior motive, here's some cynical, paranoid ranting about how this is really something evil!

      Apple releases changes back into GPL projects:
      Bashspeak: Apple is *legally obliged* to do that! They wouldn't do it otherwise! They hate everything to do with open source!

      Apple open sources its own projects like libdispatch, calendar/addressbook server etc etc:
      Bashspeak: Those are not important! No one uses those!

      Apple prices iPad less than any Android tablet of equal spec:
      Bashspeak: The iPad is still too expensive (even though it is several hundred dollars cheaper than we were all saying it would be on release)! It's only less than the Android tablets because Apple uses anti-competitve practices to price other multinational giants like Samsung out of the market! It's definitely not because that's what a tablet costs, definitely not!

      Apple throws its weight behind developers being targeted by patent troll:
      Bashspeak: It's Apple's fault for forcing developers to use technologies that could be attacked by patent trolls! Apple are evil!

      Apple point out that antenna attenuation is not limited to the iPhone 4, but it just worse due to the design of the loop antenna:
      Bashspeak: Apple are just trying to make other manufacturers look bad!

      Apple offers free bumpers to all iPhone customers that cures the problem:
      Bashspeak: Nothing less that taking back *all* the iPhones and redesigning them completely will put this heinous injustice right! It doesn't matter that 95% of iPhone 4 users are not having any problems but welcomed the free case.

      Apple include a non-truncated, non-specific hotspot and tower tracking log that demonstrably does not track your precise movements in real time:
      Bashspeak: Apple is tracking your exact movements in realtime!

      Android phones do identical thing and also *send that data to Google* (which Apple's phones do not do [although it says it is possible in the ToS, Apple has not collected this data so far]):
      Bashspeak: Oh, that's totally fine. Android is *open*. You can opt out! (like you can on iOS too, but hey, facts are inconvenient!)

      Apple runs a walled garden on iOS:
      Bashspeak: That's slavery! Apple rents the phone to you! You do not own your device!

      Android apps start to feature malware:
      Bashspeak: Well, duh! That's what happens when you sideload apps! If you want guaranteed malware free just use the Android Market [ie, the walled garden]

      Android apps *in the market* start to feature malware:
      Bashspeak: Well duh! It should be obvious that these are not the legit apps! Just copies with malware added in! Absolutely no issue! No threat, this is a non-story designed to trash Android!

      Apple has minor malware issue with a single easy-to kill trojan that requires full user duping to install:
      Bashspeak: Apple has a malware explosion! Now we see clear proof just how much of a swiss cheese security nightmare OS X is after over 10 years of no attacks! It was entirely down to obscurity! Not a single hacker in the history of the internet was interested in compromising OS X until now!

      Android starts sending SMS messages to the wrong people:
      Bashspeak: I have not seen this problem, therefore it's not an issue (seriously, I saw this from multiple people. the panic damage control was hilarious)

      Hacker releases code to "brute force" the 4 digit passcose on iPhone:
      Bashspeak: See! iPhones are so insecure!

      Android outsells iPhone in a single quarter just before the release of the iPhone 4 when iPhone 3GS sales were way down, and simultaneously during a Verizon 2 for 1 giveaway on Android handsets that counted double for each new customer:
      Bashspeak: Ha! see! Android is killing iOS! Open will always win!

      Users point out the unusual circumstances that have depressed iPhone numbers and swelle

    3. Re:My First English to Fanboi-speak Phrasebook by pandrijeczko · · Score: 2

      Mine were much funnier.

      --
      Gentoo Linux - another day, another USE flag.
    4. Re:My First English to Fanboi-speak Phrasebook by jo_ham · · Score: 1

      You might have been going for funny (although, debatable on that point), I was going for accuracy. Each one of those is taken as expressed from actual slashdot posts. They are paraphrased, but accurate responses. That might explain why I've missed some comedy factor: I wasn't going for humour.

    5. Re:My First English to Fanboi-speak Phrasebook by mjwx · · Score: 1

      Mine were much funnier.

      That they were,

      The fanboys seem a lot more bitter these days, did Steve cut the sugar content of the Kool Aid recently?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    6. Re:My First English to Fanboi-speak Phrasebook by pandrijeczko · · Score: 0

      I wasn't going for humour.

      No shit, Sherlock.

      You clearly have a deep empathic link with your electronic Apple buddies, this is more than simple brand loyalty you have... more like a "brand cyborgism" where clearly your very life would be in danger were you ever separated from the Apple-created part of your very being.

      --
      Gentoo Linux - another day, another USE flag.
    7. Re:My First English to Fanboi-speak Phrasebook by Anonymous Coward · · Score: 0

      The fanboys seem a lot more bitter these days, did Steve cut the sugar content of the Kool Aid recently?

      Well, considering that he was modded Insightful instead of Funny, I think it is the fandroids that rule here. They don't drink Steve's KoolAid...

    8. Re:My First English to Fanboi-speak Phrasebook by itsdapead · · Score: 1

      English: iCloud sues Apple over iCloud name usage.

      English: Apple sues iCloud over iCloud name usage.

      Hater-speak: Apple thinks it owns the letter "i" - kill them with fire!!!

      English: Given the absurd amount of hype surrounding Apple products (fueled by haters and fanbois in equal measure), anyone in the IT or consumer electronics business who, in the last decade, chose a name beginning with a lower-case "i" should have known what to expect.

      The Fanboi Paradox: "OS X is great as it's based on BSD UNIX" & "Linux is bad due to too much UNIX shell reliance".

      The Linux Paradox: "Linux is the best OS bar none" & "Why do you want to do that? - its open source, so go learn C, familiarize yourself with a zillion lines of source code and fix it yourself!".

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    9. Re:My First English to Fanboi-speak Phrasebook by itsdapead · · Score: 1

      You missed:

      Reports emerge of poor conditions and suicides at Foxconn.

      Bashspeak: Nobody else in the electronics industry relies on cheap Far East labor. All PCs/Android devices are manufactured in [insert home country of basher] by workers paid above-average rates with full dental and medical, working a maximum 35-hour week 12 weeks paid holiday and free tea and coffee. And yes we mean manufactured, not assembled.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    10. Re:My First English to Fanboi-speak Phrasebook by mjwx · · Score: 1

      The fanboys seem a lot more bitter these days, did Steve cut the sugar content of the Kool Aid recently?

      Well, considering that he was modded Insightful instead of Funny.

      At the time of posting, dear AC he was -1.

      Oh how quickly the mod tables turn on /.

      I also now have to revise my theory of mod point assignment as the Apple fanboys always used to get mod points after me and my last batch expired on Saturday.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    11. Re:My First English to Fanboi-speak Phrasebook by Anonymous Coward · · Score: 0

      The iPad sells well. By definition, it isn't too expensive.

      You missed the last part... the part which nullified your "too expensive" rebuttal. Nice try, Fanboi.

    12. Re:My First English to Fanboi-speak Phrasebook by DemonGenius · · Score: 1

      In a capitalist society, a product that is "too expensive" if it doesn't sell. The iPad sells well. By definition, it isn't too expensive.

      This fails to be true on a number of cases such as gas, food, healthcare (if not in Canada), diapers, etc. All of these essential items will always sell well regardless of price because these are things people have no choice but to purchase.

      Also, expensive is a very relative term. An iPad is very cheap for someone like Donald Trump, but comes at too high a price for someone in China who is willing to sell his kidney for one. Basically, the definition of 'expensive' regardless of whether this is in a capitalist society or not is something that one can not or can barely afford, which is true for many people who have bought the iPad.

    13. Re:My First English to Fanboi-speak Phrasebook by Karlt1 · · Score: 1

      This fails to be true on a number of cases such as gas,

      In the case of gas, when gas becomes "too expensive", the free market adjusts. People drive less frequently, more people move closer to where the jobs are,they take public transportation, or they buy more fuel efficient cars,

      food, healthcare (if not in Canada), diapers, etc. All of these essential items will always sell well regardless of price because these are things people have no choice but to purchase.

      And if disposable diapers are too expensive, people find alternatives.

      But since when was an iPad required?

      but comes at too high a price for someone in China who is willing to sell his kidney for one.

      Then that person chose to place a value on both his kidney and the iPad. He made that choice. Should Apple reduce the price of the iPad because some fool was willing to sell his kidney?

    14. Re:My First English to Fanboi-speak Phrasebook by Anonymous Coward · · Score: 0

      lol at the fanboy defending himself.

    15. Re:My First English to Fanboi-speak Phrasebook by Rich0 · · Score: 1

      Regarding the Linux Paradox - I've always maintained that open source benefits people even if they NEVER intend to install a compiler or whatever.

      First, you benefit anytime somebody else installs a compiler, and there always seem to be people willing to do it.

      Second, if you build an important product around open source software and the project really does dry up, you can hire yourself people to maintain it for you until you're able to transition to somebody else. It is analogous to code escrow with any other vendor, except that it will be easier to find people who are already familiar with the code. Going it alone may not be a good long-term strategy, but at least you don't end up completely high-and-dry for a year or two while you redesign your product. Open-source is also better than code escrow since you don't need to spend three years in the courts fighting to get the code released to you (by which time you probably no longer need it anyway).

    16. Re:My First English to Fanboi-speak Phrasebook by itsdapead · · Score: 1

      First, you benefit anytime somebody else installs a compiler, and there always seem to be people willing to do it.

      True, but the days when you had to spend $$$$ to get hold of development tools and docs for proprietary OSs are long gone. MS have schemes for getting free dev tools, and I think Apple XCode costs a princely two bucks to satisfy some bizzarre accounting rule.

      Second, if you build an important product around open source software and the project really does dry up, you can hire yourself people to maintain it for you until you're able to transition to somebody else. It is analogous to code escrow with any other vendor, except that it will be easier to find people who are already familiar with the code.

      Absolutely true for that sort of enterprise. Not so helpful when granny posts a question on a forum and gets six people asking why the fsck she wants to do that when you can write a short Python script instead, 3 people calling her a fsckwit for re-posting Bug #2765349 (which was closed, status "works for me") and one incomprehensible request for core dumps and trace info.

      Actually, I wouldn't fault Linux for "serious" computing, especially anything without a GUI, or as a kernel (e.g. Android and half the NAS and router appliances in the world). The "linux paradox" comes when linux tries to do "user friendly" - its like a snake trying to tapdance, its just not in its DNA. I use Linux quite a lot, but inevitably the first thing I do is fire up a bash shell & we're cooking with gas. On OS X, sometimes hours go past before I have to start Terminal, and I even know some people who don't have Terminal in their dock! Inconceivable!

      Of course, proprietary software does crap support, too - but then you've paid money and are allowed to be angry.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    17. Re:My First English to Fanboi-speak Phrasebook by jo_ham · · Score: 1

      That's funny that you think that. What about the other parts of my being that use Linux and Windows? How does that affect my life?

      My mentality is "use the right tool for the job" and "use whatever works for you". For my home machine that's a iMac running OS X.

      However, I've also been on slashdot for a long time and am fed up of the way it has fallen into little more than a kneejerk paranoid rant site - not just on Apple, but on all sorts of things (smart electricity grid, US healthcare, climate change, green issues in general, almost anything relating to a large corporation).

      My "brand cyborgism" is not to attempt to force other people yo use the same OS as I do, but to simply add a dissenting voice to demonstrably false information, or to answer questions that I know the answer to. Because I don;t trash Apple at every opportunity, and try to correct blatant lies about them that nets me the "fanboi" moniker.

      I don't trash other operating systems, or call the people that use them second-class citizens or morons, or "sheeple", or that they were "100% conned by the marketing" - like I said, pick the tool that works for you. I'm not going to call you a lesser person because you chose a different computer, or that you think OS X and/or iOS is not for you. Where I will come up against you (the general you), is when lies and hyperbole is spread as fact. Daring to correct that makes me a "mindless, worshipping fanboi", but I suppose that's what happens when you go against the groupthink and don't just blindly agree with the nonsense.

      I'm also not totally without criticism for Apple themselves - if you look back over my post history you will see that. There are plenty of things I don;t like about Apple and OS X and iOS specifically, but on slashdot if you use OS X that means you automatically love everything about it and you become a slave to Apple. That's the rule.

      This also extends to any perceived criticism of anything seen to be Apple's "enemy", like Android. I've been called an astroturfing shill for talking about some really poor Android handsets that I personally tested out, claiming that they are doing nothing but damaging the image, while in the same post talking about other handsets I'd used (Android ones) that were amazing and had features and performance that I wish the iPhone had (the swiping text mode especially) but because there was a critical segment of my post, I can only be a shill out to trash Android.

      Opinion and "debate" on slashdot has become so wildly partisan that I'm surprised Diebold hasn;t offered to build us voting machines.

  53. Re:Rotten Apple by SuperDre · · Score: 1

    Uhm.. No, your own comment is exactly the reason WHY Apple is being sued... Now you associate iCloud with Apple instead of iCloud Communications, even if you hadn't hear of iCloud Communications before..

  54. Re:Rotten Apple by tabrisnet · · Score: 1

    I don't know about the GP, but myself, I am using elinks + console-mode. I doubt I'm the only one... albeit there are few.

    I do it for more a choice than b/c I don't have GUIs available.

  55. Re:Rotten Apple by sourcerror · · Score: 0

    Real men encrypt that in their head to use HTTPS. Unencrypted HTTP is for pussies.

  56. If only by Fuzzums · · Score: 1

    If only I had enough money for this prank, I would open an eyeCenter. Right next to ...

    --
    Privacy is terrorism.
  57. Re:Rotten Apple by Anonymous Coward · · Score: 0

    I associate iCloud Communications with iCloud Communications. If they wanted to call themselves iCloud, they should have called themselves iCloud.

    Are you going to complain if someone registers the slashdot username SuperDr or SuperD?

  58. Re:I love iCloud's FAQ by siddesu · · Score: 1

    You mean there are, like, no public phones in your country?

  59. Re:Rotten Apple by NiceGeek · · Score: 1

    Apple dealt with the registered owners of the trademark. If "iCloud Communications" didn't register then obviously Apple did their due diligence. iCloud Communications were either lazy, cheap, or incompetent.

  60. Expected topics ITT by waddgodd · · Score: 2, Insightful

    Naivete about trademarks [check] (A trademark need not be registered to be enforceable, just clearly marked)
    Apple fanbois saying that apple can do no wrong [check]
    Apple anti-fanbois saying apple can do no right [check]
    GNUtards expressing blanket anti-IP sentiments [check]

    My take:

    Apple is clearly not a historical good player, where it comes to the blatant co-opting of trademarks, case in point: OS9 vice MacOS9 (OS9 is a trademark of microware for a TRS-80C operating system, built for the 6809 chipset), the iphone/ios thing (the only reason any settlement at all was proposed was IOS was so entrenched that Apple was guaranteed a court loss), and many other trademarks Apple just steamrolled without checking. I suspect they didn't do due diligence at all, just because it seems that they never have before. I submit that the first "look and feel" lawsuits that Apple started were naught but an extension of this, given that the look and feel that apple was litigating was actually developed by Xerox at PARC, which both Microsoft and Apple liberally ripped off. While I doubt iCloud was much more than a shell company built as a IP landmine, Apple has yet to prove that their due diligence is much more than asking around the offices at Cupertino if anyone's ever heard of a given name. I predict that unless iCloud finds some deep pockets (I heard that there's a few deep pockets around that don't like Apple, some in Redmond), Apple will just keep raising the ante until iCloud's basically forced to settle.

    --
    Just because you're paranoid doesn't mean they aren't out to get you
    1. Re:Expected topics ITT by UnknowingFool · · Score: 3, Informative

      OS9 vice MacOS9 (OS9 is a trademark of microware for a TRS-80C operating system, built for the 6809 chipset),

      You didn't mention that Apple won that case in court as separate trademarks can exist for unrelated applications of the same mark.

      I suspect they didn't do due diligence at all, just because it seems that they never have before.

      On April 28, 2011, Apple bought the iCloud.com domain from Xcerion. That company was the only company to hold the "iCloud" trademark at the time. There were older trademarks containing compound words like "iCloudFusion" and "iCloudWalkers.com" It is assumed that Apple purchased the trademark at the same time. Apple later registered 11 of their own marks. iCloud Communications did not register for any marks for "iCloud" including their own company's name "iCloud Communications, Inc." It is clear to me that Apple did the due diligence.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:Expected topics ITT by bidule · · Score: 1

      I submit that the first "look and feel" lawsuits that Apple started were naught but an extension of this, given that the look and feel that apple was litigating was actually developed by Xerox at PARC, which both Microsoft and Apple liberally ripped off.

      I don't think "ripping off Xerox", legally or not, was ever mentioned in the lawsuit. That didn't stop many from repeating how important it was. The real failure on Apple's part was signing a contract allowing Microsoft to use their look-and-feel without clearly wording which use was allowed. Microsoft being so good at weaseling with words, that was a perfect example of Apple steamrolling into a wall.

      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    3. Re:Expected topics ITT by Anonymous Coward · · Score: 0

      Since trademarks don't have to be registered to be enforceable, that isn't evidence of them doing due diligence. Due diligence would be actually checking if anyone else was using it in a related field. They may have done the proper checks, but it doesn't seem like it, however we don't have the facts to determine whether they did the proper checks or not.

    4. Re:Expected topics ITT by UnknowingFool · · Score: 1

      When a company registers a mark, they are signalling to everyone else that that mark is theirs and no one else should use it. Although a company does not necessarily need to register, it makes their mark much harder to defend. The USPTO recommends registration if the mark is to be used nationally. Otherwise other companies cannot know what is in the mind of the company. Apple did not buy the other similar marks.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Expected topics ITT by waddgodd · · Score: 1

      double-check for "Apple fanbois saying that Apple can do no wrong" and "naivete about trademarks"

      Again, you do NOT have to register a trademark, you merely have to clearly mark it as such.

      As far as the Microware trademark, no, I didn't, nor did I mention that Apple v Apple kinda blew that split hair out of the water, because either of those bits of information added a useless tangent, which we're now barreling down at breakneck speed. The point is Apple failed to even look if there was an OS9 before going off half-cocked. Now, surprise, they're caught with their hand in the same cookie jar. Even if you assume that Xcerion had the only legal trademark, isn't it the least bit convenient that Apple goes from 0 to bought trademark to WWDC within a little more than a month? I'd bet that even the Xcerion deal was a forced 11th hour job because they'd already named it and needed to buy the domain and make it operational before WWDC (and I'll bet that the only reason the trademark came as part of the deal is Xcerion insisted on it to get more $$). Once is sloppy, twice is shoddy, three times is unbelievably dumb. Apple is pretty much out of the single digit range by now.

      --
      Just because you're paranoid doesn't mean they aren't out to get you
    6. Re:Expected topics ITT by sjames · · Score: 1

      My favorite was Apple Computer vs. Apple Records. After a fair amount of wrangling back in the day, they were able to reach an agreement that left Apple Computer barred from distributing or producing music. We saw just how much respect they have for their own agreements when Apple Records had to sue them again after iTunes.

    7. Re:Expected topics ITT by UnknowingFool · · Score: 1

      Again, read what I said: It is far easier to defend a mark if you have registered. iCloud Communications cannot even sue in federal court over this trademark infringement. The have to sue in local court. Also you clearly don't address the point: If a brand is valuable to a company, why didn't they do the basics in protecting it including registering nationwide so that others know not to use their mark.

      As far as the Microware trademark, no, I didn't, nor did I mention that Apple v Apple kinda blew that split hair out of the water, because either of those bits of information added a useless tangent, which we're now barreling down at breakneck speed. The point is Apple failed to even look if there was an OS9 before going off half-cocked.

      I believe that before OS 9, Apple's operating system was OS 8. Their current OS is "OS X" with "X" being Roman numeral for "10". How in the world do you call that half-cocked? You know, surprisingly, most companies that make and sell operating systems name them sequentially with Microsoft being the odd duck. And it still does not address the point the court made: Marks can coexist in different industries. This has been affirmed by the Supreme Court.

      Even if you assume that Xcerion had the only legal trademark, isn't it the least bit convenient that Apple goes from 0 to bought trademark to WWDC within a little more than a month? I'd bet that even the Xcerion deal was a forced 11th hour job because they'd already named it and needed to buy the domain and make it operational before WWDC (and I'll bet that the only reason the trademark came as part of the deal is Xcerion insisted on it to get more $$). Once is sloppy, twice is shoddy, three times is unbelievably dumb. Apple is pretty much out of the single digit range by now.

      Without any facts you are asserting that it was an 11th hour job that Apple bought a trademark more than a month before the announced the name. Not a week. Not a day. A month. Your sense of "11th hour" is peculiar. You and I neither know how long Apple spent negotiating with Xcerion. I can speculate they spent the last 2 years in negotiating with Xcerion including Steve Jobs rubbing the feet of the Xcerion CEO to get him to agree to the sale. But that would be pure speculation on my part; only I am willing to admit it. All I know is that they bought it before they announced it.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:Expected topics ITT by Brownian+Motion · · Score: 1

      Apple DID NOT liberally rip off Xerox. They PAID Xerox to use what they found, and then improved upon it. For instance, overlapping windows? Apple came up with that, not Xerox. Apple's done enough wrong, but let's hold them to the crimes they actually did.

  61. Trademark by whisper_jeff · · Score: 1

    Doing a search for an iCloud trademark turns up 13 hits, 11 of which are from Apple, none of which are from iCloud Communications. It's a bit harder to claim trademark infringement when you don't have a registered trademark (harder, not impossible). What makes it even harder is Apple bought the icloud.com domain, which existed and did business prior to the announcement and iCloud Communications didn't sue the previous owners for trademark infringement. Failing to defend your trademarks weakens your ownership of it (*), which is a big difference between trademarks and copyrights (a difference many people aren't aware of).

    Sorry, but not having a registered trademark and failing to defend the mark as it was previously used for a near-identical business endeavour dramatically weakens their case.

    * This is why, regardless of what you may think of the validity of the claim, companies sometimes sue for trademark infringement - they either have to defend their trademark or risk losing it entirely.

    1. Re:Trademark by Shados · · Score: 1

      Did the previous owner of the icloud.com domain use the trademark for products in the same category though?

      If not, they couldn't sue over it, while now that Apple has it, they can. Maybe thats what happened? (purely speculation here)

    2. Re:Trademark by whisper_jeff · · Score: 1

      The previous owner used it for a virtually identical service as what Apple will be offering, just not on the same scope and magnitude. Neither, however, used it for VOIP services, which is what iCloud Communications' business is.

    3. Re:Trademark by Shados · · Score: 1

      I see.

      Well, that settles that then :)

  62. Re:Rotten Apple by MachineShedFred · · Score: 0

    Yeah, we get it. You hated Apple before it was cool to hate Apple. How original and prophetic of you.

    You realize that Apple actually *did* to the due diligence here and paid $4.5M for the trademark from the actual owner, right? The plaintiff here doesn't even own the iCloud mark, never did, and let someone else trademark it, and let them keep that trademark without a peep for over two years.

    Only now that one of the most profitable companies in existence is involved, do they speak up. What a coincidence.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  63. Re:Rotten Apple by Anonymous Coward · · Score: 0

    awesome example. the number of times i hear someone call their tower a hard drive is more than is worth keeping track of anymore.

    to summarize the summary of that summary: people are a problem.

  64. Re:Rotten Apple by mSparks43 · · Score: 1

    I'd never heard of iCloud before this article (Apple or the actual owners).

    Only thing I can think of, is when Apple did their search for existing names, when they came across iCloud comms, the figured they figured iCloud comms would respekt dair Authoretair.

    Good on iCloud comms.

  65. Re:Rotten Apple by Fjandr · · Score: 1

    Except they didn't buy a name from the company who owned it. The company who registered the mark in 2008 should not have been issued the mark, because it was previously used in commerce and in the same field the registering company was registering it for. They purchased a name based on a flawed application, one which is currently being contested.

  66. Re:Rotten Apple by Fjandr · · Score: 1

    If "iCloud Communications" didn't register then obviously Apple did their due diligence.

    This is flawed logic. Failure to register a trademark does not invalidate protection under trademark law. Apple may or may not have done due diligence, but that has little to do with the actions of iCloud Comm. Even if Apple was not aware of iCloud Comm's claim to the mark, they still don't have the right to use it under the law. Trademark law can be a nasty business, simply because registration of works is not required for protection.

    Anyway, Apple has a long and storied history of actively ignoring trademark claims they absolutely knew they were in violation of, so I'm not inclined to give them the benefit of any doubt.

  67. Re:Rotten Apple by Fjandr · · Score: 1

    But Apple wasn't sued over a trademark, they were sued over the name

    Most trademarks are nothing more than names. Just because something is not a design mark does not make it ineligible for protection as a word mark.

  68. Re:Rotten Apple by ninetyninebottles · · Score: 1

    You realize that Apple actually *did* to the due diligence here and paid $4.5M for the trademark from the actual owner, right?

    I think you are somewhat mistaken. As I recall Apple bought the icloud.com domain from Xcerion for $4.5 million. No one had filed a trademark. Apple did register for a trademark. You are correct, however, in saying that it seems more than a little fishy to file against Apple for buying a domain that had been in active use for a cloud computing service for years. I mean if this company really was offering cloud computing services and considered iCloud to be their trademark, why did they never file suit against Xcerion? Did they seriously never look at the domain? This seems a lot more like some VOIP reseller deciding they might be able to get some cash in a settlement by claiming a trademark, even though they picked the name years after Xcerion started a service with that exact name.

  69. Re:Rotten Apple by AK+Marc · · Score: 1

    Then they are lazy, cheap, and incompetent. They are, however, likely the "owner" of the trademark, despite never having registered it.

  70. Re:Rotten Apple by mjwx · · Score: 0

    Computers used to be reliable, simple to use and required very little technical skills. Microsoft and Intel ruined this with their lousy inferior designs (Amigas, Atari STs and Acorn Archimedes computers were much nicer to use).

    Awaken from your dreamy state fanboy,

    Computers back then required a degree in CS to operate and a small fortune to buy.

    IBM and MS with the x86 and DOS bought computing power not only to the understanding of mere mortals, but made computers affordable by mere mortals.

    What you forget is how expensive and limited computers were before the DOS days, DOS bought a simple to learn OS to the masses. As much as I hate and deride MS for it's monopolistic behaviour after this, you have to give them credit where credit is due, if not for the x86 architecture, computers would 10 times as expensive and do half as much. DOS and Windows really did put PC's onto every desk.

    So far from dumbing down computers, Apple and others are trying to get us back to where we were before Microsoft

    Expensive proprietary HW with equally expensive and proprietary OS's. Locked down features that you have to pay extra for despite the feature being installed by default, you need to pay extra for them to flick a switch and activate it. Because that's what PC's were like before x86. Without the IBM PC, everyone would still be using separate processor architectures, no one would be looking at ARM as a single architecture, you owe x86 for demonstrating that uniform hardware across manufacturers leads to greater innovation.

    You need a serious reality check... and some history lessons.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  71. Guys - how much does filing a trademark cost? by dlingman · · Score: 1

    Seriously - it's what? $300? If you can't scrape up say, 1-2K$ to protect your name, logo etc, you've got a hobby, not a business.

  72. Re:Rotten Apple by bryan1945 · · Score: 1

    Cool, I must have had an honorary CS degree when I was using my Apple ][ and Amiga 1000.
    Then you give MS credit for x86 architecture, which is hardware. Interesting.
    Far as I know, OS X is way cheaper than Windows.
    Don't know what the 'locked down features' are that you are talking about.
    And then you go back to IBM.

    Might want to streamline your arguments a little better, next time. You run all over the place with little direction, mixing your arguments into each other.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  73. Re:Rotten Apple by mjwx · · Score: 0

    Far as I know, OS X is way cheaper than Windows.

    Windows laptop A$600.
    Apple Laptop A$1200.

    Unless you are suggesting I use the hardware I've already got, my AMD Phenom II based desktop where Windows is A$200 and OSX is A$WILL NOT RUN.

    Then you give MS credit for x86 architecture,

    What I said was:

    IBM and MS with the x86 and DOS

    IBM chose to make an x86 PC using off the shelf parts. I'm sorry I thought you'd be able to understand examples were respective.

    Might want to streamline your arguments a little better, next time. You run all over the place with little direction, mixing your arguments into each other.

    I'm sorry you have trouble keeping up, but that's your problem. Perhaps /. is a bit too complicated for you.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  74. iPhone again? by ArtemaOne · · Score: 1

    Does no one remember that Cisco owned the trademark for iPhone and Apple stole it without paying for it first?

  75. oooo apple when will you learn... by Anonymous Coward · · Score: 0

    Apple you probably knew iCloud was a company. You just didn't think you would get caught lol. Just because most of your products have "i" 's in front of them for example "imac,ipod,ibook," Doesn't mean you have copy rights over "i" XD. Check out My website @ http://elitetechforce.net/ I am putting up more linux and open source articles in the future.

  76. Re:Rotten Apple by kevinmenzel · · Score: 1

    Only part of yrademark law is that you aren't allowed to trademark something that is the generic term for that item. For instance, you cannot make a cola flavoured softdrink, and trademark the name "Cola". You can't trademark the word "Windows" in the field of glass panes that fill holes in your walls. THAT'S what the contention is with "App Store" - that it is the generic term for a place to buy "Apps", and that "App" is a generic term that describes the collection of products sold. Amazon would never argue "We were using it first, therefore it is ours to use."

    So again to review: 1) Trademarks are only valid within a given limited field. 2) Whoever uses the trademark first, is the person who owns it. They do NOT have to register a trademark. Many trademarks are not registered. These are designated "TM" as opposed to (R). 3) Generic terms cannot be trademarked.

    (Of course IANAL, and everything I learned about trademark law was from some highschool classes years ago, and the internet.)

  77. First to use by Anonymous Coward · · Score: 0

    It doesn't matter if Apple is the first to file for the trademark. Trade marks are granted in two ways, first to file or first to use. By making use of it for years they have a pretty good precedent, now how it stands up to the geographic conditions is something the courts may need to sort out.

    [url]http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm[/url] (harvard law)
    [quote]
    4. How do you acquire rights in a trademark?

      Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). 15 U.S.C. 1127(a). Remember, however, that descriptive marks qualify for protection (and can be registered) only after they have acquired secondary meaning. Thus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks in.

      The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.

      The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce. Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area. This right is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark "Broadway" in connection with the sale of pizza, the existing "Broadway Pizza" in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else.[/quote]

  78. Common theme for Apple by mu51c10rd · · Score: 1

    Apple Music
    iPhone
    iCloud
    I think Apple's marketing crew in charge of branding needs to do some more up front research.

  79. What A Maroon! by doccus · · Score: 1

    After 6 years, of not registering their name..now they think they can get a bit out of the big juicy Apple, eh? What I don't like about this is that it makes Apple look bad, and then after a bit of digging (no more than reading /. comments here, actually)..you find out it's another 'cry wolf' case. There are real incidences of Apple overstepping their bounds.. but all the ones I read here are sensationalist cases of the other parties being in the wrong .. such as developers 'getting ripped off' and then you find out Apple only rejected their app because they violated the app guidelines, and anyways Apple were already developing it.. etc etc.. ..If it ever comes to a case where Apple is clearly in the wrong.. /. readers will miss it, and not even bother to dig deep. Cry Wolf, anyone?

  80. Re:Rotten Apple by KlomDark · · Score: 1

    Wow, that was prophetic of me, wasn't it? Cool.

    I saw their shitty attitude towards programmers and freedom back in the Apple ][ days. It's only getting worse as the days go by. Stevie has some kind of anti-christ complex going on in his head. Probably the anger that he isn't long for this world. Only time I ever thought he was cool was in the NeXT days. These days, he's just a smug skeleton.

    One of the most profitable companies in existence... First off, nothing compared to Standard Oil back in the day, not a chance. Also, the day Steve kicks the bucket begins the stock slide to zero. It won't happen right away, but it will slowly begin to dwindle until it gets delisted from the stock exchange. Apple definitely gets the dumb consumer perspective, but they don't get the business world. I was just in a meeting this week discussing which mobile platforms we will port our (true business, not consumer-oriented at all) applications to, and it was decided early on in the meeting that we will not support the iPhone/Pad because of the rights-assuming language in Apple's business contracts for the app store. Android, Windows Phone 7 are definites, Blackberry is a possible, and iPhone/Pad is a definite hell no. Apple didn't get it in the XServe days, and they are too arrogant to ever get it.