Apple is somehow followed by multiple trademark suits. If you could still remember the Cisco trademark of the iPhone and the Fujitsu’s trademark of the iPad, they have been interestingly rolled out company’s shame.
The recent lawsuit to hit Apple is the iCloud, a data storage solution service (or barrage of servers). Apple has just acquired the iCloud.com domain name from Swedish company Xcerion, in which the iCloud Communications has sued the Apple.
iCloud Communications is a voIP equipment and service provider, SIP, PBX and conferencing services based in Arizona and was founded in 2005. The company claims to be a cloud computing company as well, and did not engage in any sort of business, and that it has been using the name since 2005.
The suit reads:
As was the case of the “iPhone” and “iAd” marks, Apple discreetly applied for a foreign trademark registration for ICLOUD months prior to the launch announcement on June 6, 2011 (Apple applied initially in Australia for iPhone, Canada for iAd and Jamaica for iCloud). That foreign ICLOUD application appears to now form the basis for the various iCloud applications for which Apple filed in the United States on June 1, 2011. Apparently, Apple is attempting to use a foreign jurisdiction’s laws to gain priority for its U.S. registrations while circumventing the notice and publication requirements for trademark applications filed here in the United States with respect to “intent-to-use” applications.
The suit continues:
“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 and logos] 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.”
The suit seeks an injuction to bar Apple from using the iCloud name, destruction of all promotional materials and other items bearing reference to Apple’s iCloud service, and monetary damages including forfeiture of profits obtained using the iCloud name.
The iCloud Communications does not currently hold any registered U.S. trademark registration for the iCloud name. Although, trademarks are not required, however, it gives protection to any trademark use.
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