Well that didn’t take long. In a suit filed yesterday in the US Disctrict Court in Arizona, a company named iCloud Communications, LLC has claimed trademark infringements against Apple over the use of the name iCloud.
While I’m no legal expert, it does appear that Apple has some explaining to do. Specifically, iCloud Communications is claiming that Apple’s heavy promotion of the iCloud product is damaging to its business and has all but removed the branding of the name from itself and placed it onto Apple.
To make matters somewhat worse, there’s some accusation that Apple’s services are nearly identical to the ones being offered by iCloud Communciations:
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.
The suit goes on to talk about different times in wich apple has been “willful” in trademark infringement in the past. It specifically mentions The Beatles, McIntosh Labs stereo equipment and the cartoon character Mighty Mouse.
There’s no specific amount of monetary relief set, but the suit does call for “all profits, gains and advantages” as well as “all monetary damages sustained”. Further, the suit asks for Apple to refrain from using the iCloud name and to “deliver for destruction all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material” with the iCloud name.
We’ve embedded the suit below, for your legal browsing pleasures. My huge thanks to TNW’s Matt Brian for grabbing it for us.
This post is part of our contributor series. The views expressed are the author's own and not necessarily shared by TNW.