VOIP firm sues Apple over use of 'iCloud' name

We know that Apple did not "forget" about this, considering they didn't forget to acquire the iCloud domain name (for $4.5 million from Sweden-based Xcerion). That said, the Cupertino-based company has been sued by iCloud Communications, a Phoenix-based Voice over IP provider.The lawsuit alleges Apple's recently announced iCloud online storage service confusion over competing products, with the complaint saying:

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.

iCloud Communications cites a number of past examples of what it called Apple's "long and well known history of knowingly and willfully treading on the trademark rights of others." The lawsuit, filed in the U.S. District Court of Arizona on Thursday, cites incidents such as a lawsuit by The Beatles over use of the Apple name, Cisco Systems over use of the iPhone name, and Terrytown over use of "Mighty Mouse."

However, not only did Apple buy the iCloud domain from Xcerion, it purchased something that possibly will derail this case: the U.S. iCloud trademark. A database search of the U.S. Patent and Trademark Office seems to indicate that iCloud Communications never held a registered U.S. trademark.

Meanwhile, Apple's taking its iCloud trademark to the E.U., as well. In late May, Apple filed for the trademark rights to the iCloud name with the Trade Marks and Designs Registration Office of the E.U., citing various classifications, including one for "electronic storage of data, text, images, audio, and video; storage services for archiving electronic data; information and consultation in connection therewith."

In the past, Apple has shown it will protect its own IP in ways that sometimes boggle the mind (it once sued over something called the Profit Pod, which was actually a device to enable arcade owners to keep better track of those "valuable" tickets games like Skee-ball spit out.

The iCloud Complaint can be read in full here.

Source: http://www.tech-ex.net/2011/06/voip-firm-sues-apple-over-use-of-icloud.html

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