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CNet Report Apple being Sued over iCloud Name

     
11:35 pm on Jun 12, 2011 (gmt 0)

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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:

[news.cnet.com...]

11:44 pm on June 12, 2011 (gmt 0)

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iROTFALOL
1:45 am on June 13, 2011 (gmt 0)

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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.
2:45 pm on June 13, 2011 (gmt 0)

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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.
10:22 pm on June 13, 2011 (gmt 0)

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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.
2:25 am on June 14, 2011 (gmt 0)

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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.
 

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