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iCLOUD Trademark Registration - APPLE Sued ...Again

Tuesday June 14, 2011 at 5:33pm

iCloud Trademark Registration - Apple sued by iCloud Communications for unfair competition, trademark infringement and injury to business reputation.

iCloud Communications, a Phoenix company that provides telephone services over the internet (Voice over Internet, VoIP), has sued Apple over its iCLOUD trademark registration ambitions in a lawsuit that many suspect Apple will settle out of court.

iCloud is seeking an injunction against Apple to stop it from using the iCloud name and damages for its use so far. iCloud Communications has asked for the destruction of all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material with the iCloud name by Apple.

iCloud argues that Apple uses the brand in a way which is “identical to or closely related” to goods and services offered by iCloud Communications since the latter’s formation in 2005. The company also argued that due to the extensive media coverage given to and generated by, Apple’s announcement of its ‘iCloud’ services and the strong advertising campaign pursued by Apple, the media and the general public associate the mark ‘iCloud’ with Apple, rather than iCloud Communications.

The claimant also suggests that Apple has a long and well known history of knowingly and wilfully treading on the trademark rights of others as this is apparently not the first time Apple has been in this position. The iPhone name was already owned by Cisco Systems, Inc when Apple announced the device. Even the company’s very own name, Apple, proved contentious, as it was most famously used a record label by the Beatles.

However, it seems that Apple has made a habit of launching products and services before sorting out the relevant trademarks beforehand relying on ‘cheque-book’ tactics to resolve trademark registration issues .

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