Clouds over Apples “iCloud”

Apple has been sued over ‘iCloud’ by a Phoenix based company named iCloud Communications. The suit has been filed last week in the US Disctrict Court in Arizona

As per the complaint, "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.

It further states that due to large scale publicity, media coverage and advertisements world over, the term ‘iCloud’ is associated with Apple and not the original owners i.e., iCloud Communications.”

They have charged Apple for Unfair Competition, Trademark infringement and injury to business reputation under Arizonian Law. they have requested the Court to “block Apple from using the iCloud mark or any Internet domain name .... confusingly similar to iCloud Marks.  Though the mark is not yet registered with USPTO, the owners have decided to take forward their complaint on the basis of common law rights conferred to them.

Earlier the domain ‘icloud.com’ was acquired by apple from a Swedish Company Xcerion and also the trademark owned by them. Thereafter, Apple has filed 11 trademark applications in USPTO for the mark ‘iCloud’.  Considering previous record, Apple most probably will be settling the suit by paying off the complainant.

 

To know more about the Intellectual Property services offered by Brain League please Click here

Image from here