|CNet Report Apple being Sued over iCloud Name|
Apple paid $4.5 million for iCloud.com domain...
|An Arizona company has sued Apple over its use of the iCloud name, claiming the tech giant's use of infringes on its trademark. |
iCloud Communications, a Phoenix-based Voice over IP provider, alleges the name of Apple's recently announced online storage service copies its name and causes confusion over competing products:
That's a helluva domain sale. I'd take $2 mil for mine, come one Amazon, you know you can use it ;)
This Az company will probably surrender after a few court appearances and settle.
It depends on how long the Az company has been established plus what their turnover is - if they have been around awhile, they probably have a good case so it would not be worth surrendering.
It looks like the AZ company registered the domain they currently use in 2005,(it's the word "get" followed by the $4.5M name apple bought)...
A March 2007 archive.org (Wayback Machine) snapshot of the site contains the text:
|Using the latest in broadband technology, iCloud maximizes your telephone and Internet performance for pennies a day. We converge your voice and data communications seamlessly in a single, total solution. No other provider today offers such a complete and affordable solution. |
Note they simply refer to themselves as "iCould", (and with a small "i"), but I didn't see any "tm" or "reg. tm" notifications next to the word....
The USPTO lists a live wordmark registration for "ICLOUD" filed in 2008, granted in 2009 with a "priority date" of November 29, 2007 that mark was granted to Xcerion AB Corp, (Sweden).
It is followed by a dozen new marks filed by Apple on June 1, 2011.
From the filings it appears the AZ company was using it first, didn't get a trademark / wordmark / serivce mark, whatever and that Xcerion did.
Apple bought the domain from Xcerion -- which I assume gives them the trademark -- but now it is likely up to the AZ communications company to show prior use, "confusingly similar", etc..
My guess is they will get a paycheck from Apple to go away.
|Note they simply refer to themselves as "iCould", (and with a small "i"), but I didn't see any "tm" or "reg. tm" notifications next to the word.... |
Technically you do not need to register one [uspto.gov...] just use it. I agree that Apple will pay them something to go away.