Apple sued over use of iCloud name | Hacker News Reader

Apple sued over use of iCloud name

tekgoblin.com

43 pointsmjurek22 comments

It seems at this point it's more or less impossible for Apple to launch a new product using the iNoun naming scheme without stepping on somebody else's trademark. Even if Apple decided to convert their stores into delicious taquerias, they would find iBurrito already taken[1].

So it makes sense that they've stopped caring, announcing their products regardless of trademark status. The iPad and even iPhone [2] trademarks were owned by somebody else at the time of their announcements, and it doesn't seem to have caused any major trouble to Apple (aside from a likely lucrative payment for the other party).

[1] http://www.pancheros.com/iburrito

[2] http://www.pcmag.com/article2/0,2817,2082362,00.asp

It's strange how they just go in, get the deal done and never seem to be overpaying. You've gotta think that everyone who cuts a deal with Apple, later on when they watch the quarterly results roll in they're like "shit we shouldda held out for another 10 million".

If the payouts include stock grants I could see this not being the case.

iOS was another big one as well. I was surprised that Cisco allowed another operating system (albeit one that isn't entirely similar) to use the IOS name.

At least Apple licensed the iOS trademark ahead of time.

sorta - I get the feeling the license occurred during the whole iPhone trademark problem with Cisco.

What I don't understand is why they did't by the icloud name.

Apple seem to have bought it in 2007 according to the whois records and icloud communications bought geticloud.com in 2005

Maybe it was too expensive for them to buy before apple snatched it.

Apple just bought it last month - the original registrant (ie. the 2007 creation date) of icloud.com is this company:

http://www.cloudme.com/en

Ahh ok, thanks for the clarification

As far as I know you can use identical name for a different market. The question is how narrow can you define the market. Is it 'anything related to computers and networks', or we can say its 'voip' vs 'online music and documents and ...'.

Their biggest complaint so far seems to be that apple now completely overshadowed them in google's search results. Well, duh! Try to look for apple and see how far down you will find "Apple Corp." - the music label.

The fact that someone comes before you in search is irrelevant.

Incidentally Apple Inc. now owns the Apple Corps trademark and the Granny Smith green apple logo.

Well, that didn't take long.

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

VoIP service is not identical to nor is it closely related to content synchronization.

The fact that it's in the same industry is probably relevant enough from a legal perspective, and I'd say the wording here is lifted directly from the legal act they're planning on using as the basis of their argument.

IANAL YMMV etc. etc. etc.

Apple seems to have filed 11 trademark applications for icloud, in sectors ranging from storage, streaming, telecommunications, social networking, entertainment, clothing, footwear etc. So it's not surprising that they will receive tons of objections for their applications from anyone who owns a bussiness with "cloud" in it. I think these are usually settled.

I quick search suggests that icloud communications doesn't own the trademark icloud in any categories. There 13 records in the USPTO database, 11 applications by Apple, one by Douglas Dane Barker and one by Xcerion Ab of Sweden.

Registration is not a necessary condition for enforcement of trademark rights (although it obviously helps). In some jurisdictions, of which the USA is one, an established history of use can be sufficient to establish rights to a given mark.

So while iCloud Communications do not appear to have a registration for the marks, that doesn't mean they have no rights to them.

http://www.uspto.gov/faq/trademarks.jsp#_Toc275426680

My understanding was that registration was necessary if you wanted to have standing to defend your trademark in federal court. Yet here I Cloud Communications is suing in US district court.

True, although they claim they have a trademark in arizona. Their main argument is that of unfair competition, because they prove they are using the bussiness name for years now.

No offense to all the companies that use the iNoun naming scheme, but they're kind of playing in a playground that Apple created many years ago. I mean.. had not Apple begun this naming trend with their prodcts, iCloud communications probably would not have been named iCloud Communications. In my opinion, this company name was piggybacking off of the reputation of products like the Apple iMac or Apple iPod to begin with, and with that comes a slight risk that Apple is going to use your name. iCloud Communications shouldn't act so surprised that this happened.

The first iMac was introduced in 1998 [1], while iCloud Communications say that they have been in business since 1985 [2]. Either they changed their name at some point, or they used "i*" before apple.

1: http://en.wikipedia.org/wiki/Apple_Inc.#Mac_and_accessories 2: http://geticloud.com/why_icloud.html

Odd. The filed legal paper says "iCloud Communications was formed in 2005".

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