iCloud, the revolutionary free cloud computing and storage service unveiled by Apple less than a week ago at WWDC 2011 is the subject of a new lawsuit. Phoenix-based iCloud Communications, a company that provides voice-over-IP and other cloud computing products and services is suing Apple over the use of the iCloud name. The company seeks monetary compensation and an injunction against Apple’s use of iCloud.
According to the lawsuit, iCloud Communications formed in 2005, offering various cloud computing products and services. The suit alleges that “[t]he goods and services with 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” since the company’s inception.
In it’s complaint iCloud Communication alleges:
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 and logos] 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.
How Did Apple Accquire iCloud.com?
According to some sources, Apple reportedly purchased the iCloud.com domain name for a whooping $4.5 million from Swedish company, Xcerion, and within a month from the purchase, Apple filed papers with the USPTO to trademark the rights to the iCloud name.
Apple’s Past Lawsuits over Product Names
iCloud Communications further elaborates on Apple Inc’s long history of skirting with the law over product names, alleging,
Apple’s announcement and launch of its ‘iCloud‘ cloud computing service appears to be just one more example of Apple’s ‘act first and worry about the consequences later’ approach to trademark use….
In the 1970s, and then again in the 1990s, Apple was sued by the Beatles record label, Apple Corp., over the Apple name. Both “McIntosh Labs” and “Management and Computer Services, Inc.” (MACS) have called foul over the Macintosh moniker as well.
Cisco Systems and Fujitsu Frontech sued over “iPhone” and “iPad,” respectively, and legal action was initiated after Jobs and company previously adopted the “Mighty Mouse” moniker for one of Apple’s peripherals.