iCloud Communications drops trademark lawsuit; Apple in dispute over Chinese logo
iCloud Communications has changed its name and filed for dismissal of its trademark lawsuit against Apple over its forthcoming iCloud service. Also, Apple is in the midst of a dispute against a Chinese foodstuffs company over their logos.
iCloud trademark
The Arizona company formerly known as iCloud Communications had sued Apple in June shortly after it unveiled its own iCloud service at the Worldwide Developers Conferences. The suit had alleged that Apple has "a long and well known history of knowingly and willfully treading on the trademark rights of others."
Local paper Phoenix New Times reports that the motion for voluntary dismissal with prejudice, which would prevent the company from refiling the suit, was filed on Sept. 1. The firm appears to have changed its name to Clear Digital Communications and PhoenixSoft. Its former domain geticloud.com has been taken down.
A reporter for the paper contacted the company, with the man who answered the phone admitting that he's not sure what the company is called. When reminded that he had answered the phone by saying "iCloud Communications," he said it was a "bad habit."
Apple first filed for the iCloud trademark in Jamaica last December, then in Europe in June just days before announcing the service.
The free iCloud service is on track to arrive this fall alongside iOS 5. It will offer cloud-based backups and syncing of media, documents and other data.
Apple logo
Sichuan, China-based Fangguo Food Co. has received a letter from the Zhucheng law firm, which represents Apple, accusing it of trademark infringement, as noted by Go Chengdoo. The company's logo depicts a circular apple, replete with leaf and stem, with the bottom left quarter missing.
Fangguo logo, left; Apple logo, right.
"There's a leaf so you can tell it's an apple, but it also contains two Chinese characters...The orientation is also different, and ours is a totally different shape," said Fangguo CEO Zhao Yi, adding that when he started the company, he "had never even heard of Apple."
Apple's letter lodges two complaints against Fangguo. First, the resemblance between the two companies' logos. Second, Fangguo has registered its logo under 16 product categories, including categories such as "notebook computers" and "electronic-game software" that would overlap with Apple's trademark registration.
Zhao claims that he registered the logo under the broad range of categories just in case he ever met someone interested in manufacturing Fangguo computers.
Attorney Li Gousheng, who works for Zhucheng in Beijing, noted that Apple closely monitors new logo trademark applications in China. He said that the issue will be easily resolved if Fangguo removes "conflicting elements," such as the apple leaf in its logo, and withdraws its trademark registration for product categories that conflict with Apple.
But Zhao insists that the leaf is essential to the logo. "I'm Fangguo, it's a fruit, if the leaf is removed, it'll just look like a bomb," he said, adding that "the law firm who sent the letter hasn't contacted me since they sent it."
According to him, the logo was created by a design company in the 1980s before being transferred to him in 1997.
iCloud trademark
The Arizona company formerly known as iCloud Communications had sued Apple in June shortly after it unveiled its own iCloud service at the Worldwide Developers Conferences. The suit had alleged that Apple has "a long and well known history of knowingly and willfully treading on the trademark rights of others."
Local paper Phoenix New Times reports that the motion for voluntary dismissal with prejudice, which would prevent the company from refiling the suit, was filed on Sept. 1. The firm appears to have changed its name to Clear Digital Communications and PhoenixSoft. Its former domain geticloud.com has been taken down.
A reporter for the paper contacted the company, with the man who answered the phone admitting that he's not sure what the company is called. When reminded that he had answered the phone by saying "iCloud Communications," he said it was a "bad habit."
Apple first filed for the iCloud trademark in Jamaica last December, then in Europe in June just days before announcing the service.
The free iCloud service is on track to arrive this fall alongside iOS 5. It will offer cloud-based backups and syncing of media, documents and other data.
Apple logo
Sichuan, China-based Fangguo Food Co. has received a letter from the Zhucheng law firm, which represents Apple, accusing it of trademark infringement, as noted by Go Chengdoo. The company's logo depicts a circular apple, replete with leaf and stem, with the bottom left quarter missing.
Fangguo logo, left; Apple logo, right.
"There's a leaf so you can tell it's an apple, but it also contains two Chinese characters...The orientation is also different, and ours is a totally different shape," said Fangguo CEO Zhao Yi, adding that when he started the company, he "had never even heard of Apple."
Apple's letter lodges two complaints against Fangguo. First, the resemblance between the two companies' logos. Second, Fangguo has registered its logo under 16 product categories, including categories such as "notebook computers" and "electronic-game software" that would overlap with Apple's trademark registration.
Zhao claims that he registered the logo under the broad range of categories just in case he ever met someone interested in manufacturing Fangguo computers.
Attorney Li Gousheng, who works for Zhucheng in Beijing, noted that Apple closely monitors new logo trademark applications in China. He said that the issue will be easily resolved if Fangguo removes "conflicting elements," such as the apple leaf in its logo, and withdraws its trademark registration for product categories that conflict with Apple.
But Zhao insists that the leaf is essential to the logo. "I'm Fangguo, it's a fruit, if the leaf is removed, it'll just look like a bomb," he said, adding that "the law firm who sent the letter hasn't contacted me since they sent it."
According to him, the logo was created by a design company in the 1980s before being transferred to him in 1997.
Comments
2) I don't think Apple has a strong case against this Chinese logo.
1) Looks like Apple paid them to quietly go away. Since it appears they were using the name they did have a case, but since they didn't defend the trademark against the previous owners for whom Apple bought it from there case would have been severely hindered, IMO. I'd say it was a pretty low amount.
2) I don't think Apple has a strong case against this Chinese logo.
Agree with both assessments.
Unlike Star Jones, I'm not a lawyer, but Apple needs to leave the logo thing alone. I don't know the details, but did the Apple record label sue Apple Computer (Inc.) over their logo? If they didn't then why should Apple, Inc. sue these folks? Even if they did, leave it alone still. I'm sure if you did research there is a long history of various companies using some type of abstract apple shape as their logo. Leave it alone and move on, Apple. Plus, this company was doing business in China long before Apple, so they should have first come rights.
I agree with you. The logo looks nothing like Apple. I don't see how anyone would confuse that logo with Apple!
Unlike Star Jones, I'm not a lawyer, but Apple needs to leave the logo thing alone. I don't know the details, but did the Apple record label sue Apple Computer (Inc.) over their logo?
Apple Corps certainly did sue Apple Computers over the trademark.
http://en.wikipedia.org/wiki/Apple_C...Apple_Computer
Move the leaf to the other side, don't register the trademark in classifications dealing with consumer electronics and call it a day.
Or how about accept the likeliness of confusion is nil and Apple just goes away.
Unlike Star Jones, I'm not a lawyer, but Apple needs to leave the logo thing alone. I don't know the details, but did the Apple record label sue Apple Computer (Inc.) over their logo? If they didn't then why should Apple, Inc. sue these folks? Even if they did, leave it alone still. I'm sure if you did research there is a long history of various companies using some type of abstract apple shape as their logo. Leave it alone and move on, Apple. Plus, this company was doing business in China long before Apple, so they should have first come rights.
Apple Records did sue Apple Computer, got a fancy settlement and kept Apple Inc out of anything related to music for nearly 20 years.
That said the Fangguo logo looks like LG could team up with Apple to take joint swipe at them too. I don't think a moron in a hurry would make the mistake though so Apple will probably lose this one.
Or how about accept the likeliness of confusion is nil and Apple just goes away.
But it's not nil (to an average or less than average consumer). They really don't have to move the leaf, just don't try to register the trademark in Apple's line of business.
"I'm Fangguo, it's a fruit, if the leaf is removed, it'll just look like a bomb,"
I agree with you. The logo looks nothing like Apple. I don't see how anyone would confuse that logo with Apple!
From what I understand of trademarks they are unlike other "property" in that your history of defending a trademark is important to a case. IOW, you have to show that you've been using it and not singling out any one user ? perhaps one with deep pockets ? when you decide to sue. For this reason I think this Chinese lawsuit is just a formality which will end up with no money changing hands, no trademarks being altered, with only a minimal amount of legal expenses needed, but it will show that Apple did defense their logo if a real threat does appear at a later time.
By settling, Apple likely saved money as it would have cost more to fight. Further, iCloud Communications would have been in a pickle while fighting with Apple as it couldn't expand its business outside of where it currently does business using the same name since Apple's federal trademark covered all areas where iCloud Communications didn't do business.
1) Looks like Apple paid them to quietly go away. Since it appears they were using the name they did have a case, but since they didn't defend the trademark against the previous owners for whom Apple bought it from there case would have been severely hindered, IMO. I'd say it was a pretty low amount.
2) I don't think Apple has a strong case against this Chinese logo.
http://www.lg.com/us/img/logo-lg.png
Apple first filed for the iCloud trademark in Jamaica last December.....
Ya mon me be Apple. U 'fraid a me?
2) If they were just a food company, I'd say that Apple has no case. It's a food company, and they're using a fruit to represent themselves - duh! However, they also registered the trademark under areas like "notebook computers"? Come on. THAT'S a legitimate complaint - how many apple-themed computer companies can Apple Inc. allow?
3) Yes, it'd look like a bomb if the leaf were removed
That said the Fangguo logo looks like LG could team up with Apple to take joint swipe at them too. I don't think a moron in a hurry would make the mistake though so Apple will probably lose this one.
My thoughts exactly. Kind of reminds me of the "Mr. Sparkle" Simpsons episode as to how the logo was created: http://www.youtube.com/watch?v=VUNHwP2q7bA
Personally, I think Apple Computer had crappy lawyers in the beginning. It should have never settled the first time around, which caused problems the other times. Apple Records' case was weak.
Apple Records did sue Apple Computer, got a fancy settlement and kept Apple Inc out of anything related to music for nearly 20 years.