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.'"

Comments

Before you answer

[Compaqt]

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.

Re:How did they not know?

[jklovanc]

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

Re:USPTO

[topham]

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.

My First English to Fanboi-speak Phrasebook

[pandrijeczko]

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.