iCloud Communications files lawsuit against Apple over alleged trademark infringement

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Comments

  • Reply 21 of 72
    focherfocher Posts: 687member
    Quote:
    Originally Posted by Apple ][ View Post


    Apple started all of the "i" stuff and everybody else who is putting an "i" before their products are simply copying from Apple. I believe that all of the "i" stuff began with the legendary iMac line more than a decade ago. Not only have various companies copied the "i" from Apple and inserted it into their product names, but many companies also shamelessly copied the design of the iMac, after it was released and it became a huge hit.



    I am going to assume you are just young, but the introduction of the "i" (along with "e") to product names did not start with the iMac or even Apple. It was well in use during the 90s.



    That being said, the only relevant comment I have read in this thread is the allegation that iCloud Communications had never registered the trademark of iCloud. That would be the death blow for them. If it was registered, Apple has got some negotiating and paying to do.
  • Reply 22 of 72
    apple ][apple ][ Posts: 9,233member
    Quote:
    Originally Posted by focher View Post


    I am going to assume you are just young, but the introduction of the "i" (along with "e") to product names did not start with the iMac or even Apple. It was well in use during the 90s.



    I am not old, but I am not young either. Many young people today aren't that bright and a good percentage of them can barely spell properly, but that's a different topic.



    The iMac came out in 1998. Maybe there were some other products which existed before the iMac that had an "i" before their name to signify "internet". You may very well be correct, but if there were prior products, I certainly don't remember them. Do you remember some of these products?



    I think that the iMac was certainly the product that began the whole "i" craze and made it mainstream, even if it may not have been the very first product to sport an "i" before the product name.
  • Reply 23 of 72
    Quote:
    Originally Posted by focher View Post


    I am going to assume you are just young, but the introduction of the "i" (along with "e") to product names did not start with the iMac or even Apple. It was well in use during the 90s.



    That being said, the only relevant comment I have read in this thread is the allegation that iCloud Communications had never registered the trademark of iCloud. That would be the death blow for them. If it was registered, Apple has got some negotiating and paying to do.



    That's actually not a death blow, they still have common law trademark rights. Which certainly limits their rights to the geographic areas in which they did business and makes things harder because they have to show use in commerce through actual evidence rather what would have been presumed if they had registered, but that's not much of a hill to climb, still quite doable.



    A simple pre-registration search would have likely discovered this company. Not sure why Apple didn't settle with them eariler. Probably what someone else suggested already, that Apple tried and this little company thought it would do better taking it to court after the product launch.
  • Reply 24 of 72
    gigawiregigawire Posts: 196member
    It's kind of funny considering the whole i(internet service) began with iMac as a mainstream denotation.
  • Reply 25 of 72
    muncywebmuncyweb Posts: 157member
    Again, I am suing because other people besides myself are breathing oxygen...oops.. I mean my iOxygen.
  • Reply 26 of 72
    robin huberrobin huber Posts: 3,604member
    Gee, I wonder where they got the idea for putting a lower case "i" in front of their name back in 2005? Just thought it up out of thin air? Oh, the irony.
  • Reply 27 of 72
    muncywebmuncyweb Posts: 157member
    iCloud Communication. Never heard of em. Perhaps the company isn't doing so well. Oh that's right...Apple has become the go-to place for failing/greedy companies to sue and try to get monetary gain without actually doing any work.
  • Reply 28 of 72
    robin huberrobin huber Posts: 3,604member
    Quote:
    Originally Posted by focher View Post


    I am going to assume you are just young, but the introduction of the "i" (along with "e") to product names did not start with the iMac or even Apple. It was well in use during the 90s.



    Would you care to provide some examples of this assertion? Or are you asking us to believe it just because you said it.
  • Reply 29 of 72
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by docbop View Post


    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.



    Or not. Trademarks are market specific. What Apple is doing will likely be judged to be a totally different market than this iCloud Communication. Also the communication company never bothered to actually file a trademark themselves. Now while that doesn't negate the notion of a protectable Trademark, filing for a registered mark is considered a major step toward fulfilling the "you must protect" rules. Also, where was this company when the rumors started showing up about Apple and this mark. Where was this company a week ago when Apple sent out the press release confirming they were using the term. And most of all where were they when Xcerion (who may do business in the US) were using the mark. That last bit will be a stickler since their version is very close to Apples and thus should have invoked the same ire. But apparently it didn't. So they didn't care until it was a major name. Something that still flies with patents, but not trademarks. Depending on how long Xcerion has been around, iCloud Comm may have honey badgered themselves out of a case
  • Reply 30 of 72
    wovelwovel Posts: 956member
    Quote:
    Originally Posted by einsteinbqat View Post


    Right? And they did not sue the previous iCloud owner because?



    Right? Money?



    The previous owner was a pretty well funded and publicized startup. Perhaps these iCloud Communications folks don't realize that Apple also bought the Trademark from the previous owner that had a lot more brand recognition with it then these clowns.
  • Reply 31 of 72
    Quote:
    Originally Posted by ameldrum1 View Post


    wow, I wish i owned a TM for a name that Apple decided to use. I imagine this firm will end up with a nice juicy settlement (or agree to sell their rights for a tidy sum).



    So I take it the Scandinavian firm now known as cloudme actually owned the icloud.com url? Does seem a little odd that they hadn't squared things with this US firm also...



    I don't know if they owned the url, but they definitely owned the trademark. At least according to a quick check of the USPTO site and Wikipedia.



    Think there's two major differences with Xcerion (the Swedish co.) and iCloud Communications:

    1. Xcerion's product was actually a cloud storage service

    2. Xcerion had a registered trademark



    As I mentioned in another comment, registration isn't required to bring a trademark infringement case, but it sure makes it a hell of a lot easier. Without registering, you've got to prove priority and actual use in commerce, and you can only defend the mark in the geographic areas where you've actually done business. Registration gives you the whole country.
  • Reply 32 of 72
    wovelwovel Posts: 956member
    Quote:
    Originally Posted by charlituna View Post


    Or not. Trademarks are market specific. What Apple is doing will likely be judged to be a totally different market than this iCloud Communication. Also the communication company never bothered to actually file a trademark themselves. Now while that doesn't negate the notion of a protectable Trademark, filing for a registered mark is considered a major step toward fulfilling the "you must protect" rules. Also, where was this company when the rumors started showing up about Apple and this mark. Where was this company a week ago when Apple sent out the press release confirming they were using the term. And most of all where were they when Xcerion (who may do business in the US) were using the mark. That last bit will be a stickler since their version is very close to Apples and thus should have invoked the same ire. But apparently it didn't. So they didn't care until it was a major name. Something that still flies with patents, but not trademarks. Depending on how long Xcerion has been around, iCloud Comm may have honey badgered themselves out of a case



    Apple Registered in 12 industries on 6/1 (in addition to the original registration in two markets which it appears apple now owns).



    These clowns should give up their frivolous suit and go oppose the registration for telecommunications or they will find themselves hunting for a new company name.
  • Reply 33 of 72
    wovelwovel Posts: 956member
    Quote:
    Originally Posted by dude abides View Post


    I don't know if they owned the url, but they definitely owned the trademark. At least according to a quick check of the USPTO site and Wikipedia.



    Think there's two major differences with Xcerion (the Swedish co.) and iCloud Communications:

    1. Xcerion's product was actually a cloud storage service

    2. Xcerion had a registered trademark



    As I mentioned in another comment, registration isn't required to bring a trademark infringement case, but it sure makes it a hell of a lot easier. Without registering, you've got to prove priority and actual use in commerce, and you can only defend the mark in the geographic areas where you've actually done business. Registration gives you the whole country.



    Xcerion was also very well publicized (if this iCloud Communications had googled itself at all in the past 4 years, they would have seen (literally) thousands of tech articles about iCloud. Apple purchased the rights to a properly registered and widely used mark. The folks at tiCloud communications have no leg to stand on.
  • Reply 34 of 72
    Considering I've never heard of this company and I'm picking many others haven't until now either I'm hardly convinced that Apple using iCloud has hurt their business.
  • Reply 35 of 72
    Quote:
    Originally Posted by Wovel View Post


    Apple Registered in 12 industries on 6/1 (in addition to the original registration in two markets which it appears apple now owns).



    These clowns should give up their frivolous suit and go oppose the registration for telecommunications or they will find themselves hunting for a new company name.



    Can they still oppose the registration with the USPTO? I think once it's approved their only recourse is the courts, but I'm not sure.



    Quote:
    Originally Posted by Wovel View Post


    Xcerion was also very well publicized (if this iCloud Communications had googled itself at all in the past 4 years, they would have seen (literally) thousands of tech articles about iCloud. Apple purchased the rights to a properly registered and widely used mark. The folks at tiCloud communications have no leg to stand on.



    The difference is that Xcerion didn't register their mark as telecommunications so iCloud Comm probably didn't think it would be found to be in the same market. Apple's classification of their mark in a new registration is for telecommunications. That's the crux of their argument as to why it infringes their mark: http://docs.justia.com/cases/federal...1158/620566/1/



    BTW, I'm not taking a side here. Just trying to suss out the way this case might go.
  • Reply 36 of 72
    Quote:
    Originally Posted by brutus009 View Post


    Shouldn't iCloud Communications just let this one go? For the greater good?



    For the greater good? What is wrong with Apple just revamping the me.com service and using that instead of treading on another company using iCloud. I'm sure Apple probably feels entitled to anything (i) related. But still, they had a decent and really short URL which would likely have worked just fine over the long run.
  • Reply 37 of 72
    Firstly: How on earth VoIP service is "close" to current services that Apple is going to launch in iCloud?? If that company really thinks so=> They don't know shit about technology and they should better go and sell vegetables.



    Secondly: Why didn't you file anything against the swedish company which was the former owner of iCloud.com (now cloudMe)???
  • Reply 38 of 72
    chris_cachris_ca Posts: 2,543member
    Quote:
    Originally Posted by focher View Post


    I am going to assume you are just young, but the introduction of the "i" (along with "e") to product names did not start with the iMac or even Apple. It was well in use during the 90s.



  • Reply 39 of 72
    pendergastpendergast Posts: 1,358member
    Quote:
    Originally Posted by Chris_CA View Post






    That's an "e".
  • Reply 40 of 72
    irnchrizirnchriz Posts: 1,605member
    Quote:
    Originally Posted by linke.account View Post


    Firstly: How on earth VoIP service is "close" to current services that Apple is going to launch in iCloud?? If that company really thinks so=> They don't know shit about technology and they should better go and sell vegetables.



    Secondly: Why didn't you file anything against the swedish company which was the former owner of iCloud.com (now cloudMe)???



    Exactly.



    I suppose it's worth a shot at getting some cash out of Apple. Of course if they were to change US law so that the loser in these cases has to pay the legal fees it would put an end to these fishing cases.
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