Originally Posted by docbop
I'd say someone at Apple will be looking for work for not researching that one, especially since the company has had the name since 2005.
Apple researched it all right. If there is one thing Apple is good at, it is in the legal department, no matter which side of the fence that they are on.
First off, iCloud Communications did not trademark their name or their logo...oops. There is no record of them doing so in the USPTO. That's pretty piss poor for a company that is self proclaimed as 'global' and has been in operation since 2005. Apple filed for 11 trademark patents for the iCloud name on 6/1/11. So really, the whole things ends right there. iCloud Communications has no federal claim to the name, mark, or any reputation that it represents. They are incorporated, so I guess at least the owner's personal assets are protected when Apple files a countersuit. The USPTO does however list Xcerion as the previous holder, and whom Apple bought the name from. Those guys filed in 2008. $2M is a pretty good payoff for a small time computer program company.
Furthermore, iCloud Communications seems to be a small time telephone answering service in Phoenix. Not sure how they think that Apple's iCloud service parallels their services in any shape or form. Their website menu of services says nothing other than the genre of telephone answering and conferencing, but of course, in their lawsuit, they suddenly grew a couple of departments in the cloud storage area.
The US legal department needs to get serious on these types of frivolous lawsuits, and in the event of a loss, automatically charging the plaintiff with full legal fees incurred by the defendant without the need for a countersuit. That would stop this kind of stuff.