Arizona Company Sues Apple Over Use of iCloud Name

iCloud Communications, an Arizona-based computer communications company, is suing Apple over its use of the iCloud name, claiming trademark infringement. 

Based in Phoenix, iCloud Communications claims that Apple’s use of iCloud will confuse consumers and cause the public to associated iCloud with Apple rather than iCloud Communications, a mistake that could cost the Arizona company business.

"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."

As a result, iCloud Communications is requesting that Apple stop using iCloud and destroy "all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices, and any other written or recorded material or advertisements" that use its name. The suit the complaint calls for "all profits, gains, and advantages obtained from Apple's unlawful conduct" and "all monetary damages sustained and to be sustained... including lost profits and reasonable royalties.”

According to iCloud Communications, this isn’t the first time Apple has found itself on the wrong end of a trademark suit.

"Although Apple aggressively protects its trademark rights, Apple has a long and well known history of knowingly and willfully treading on the trademark rights of others -- a history which began as early as the 1970s when Apple was first sued for trademark infringement by the Beatles record label, Apple Corp."

Though Apple has not commented on the lawsuit many expect the companies to settle out of court.

CNET


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