iCloud Lawsuit Just Drifts Away

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enter alt textIn a curious turn of events, the lawsuit brought against Apple by the Phoenix-based iCloud Communications has been dropped. iCloud Communications is now known as PhoenixSoft/Clear Digital Communications and has given up claims to the iCloud moniker.

Apple announced it’s upcoming iCloud service at the June 6, 2011 keynote for its World Wide Developers Conference, and was shortly thereafter sued by iCloud Communications for trademark infringement. The company argued that it’s name had been in use since 2005 and that it would cause substantial confusion for customers since it also provided cloud-based services for its customers.

Ars Technica is now reporting that iCloud Communications, or is it Clear Digital Communications, has asked for dismissal of the case. In a one-page document they have asked for dismissal with prejudice, meaning they can’t refile at a later time. Essentially they have given up all claims to the name.

While the Apple legal team has an excellent track record with such lawsuits (remember Cisco and the iPhone name), this one is curious in that iCloud Communications never registered the iCloud name. Guess who did back in May 2008.

The Phoenix-based company’s website is also undergoing some changes. It’s former domain of geticloud.com is no longer active. It seems that the company has moved to the phoenixsoft.com domain, and changes to it’s Facebook page also tell the tale of the name change.

Comments

geoduck

Something tells me that a significant check was sent to Phoenix last month.

Bosco (Brad Hutchings)

This reminds me of a trick that my grandfather’s friend taught his poodle. He commands, “Roll over like a Bruin girl.”

Lee Dronick

I don’t know Goeduck maybe it was just a modest check, if any, because Phoenixsoft/Clear Digital didn’t trademark iCloud. Now that modest change could be tidy sun to most of us. Anyone who does know the details of the dismissal are probably not allowed to talk about it.

Tim

Any business that feels a name is important to their business gets it trademarked. Without registering with the USPTO, your legal remedies are almost zero. If Apple cut a check, it was only for an amount significantly less than the legal costs they would have incurred easily quashing the suit.

MOSiX Man

So, the question now is whether or not Apple (or anyone else) has filed for a trademark on the term iCloud. I would imagine so.

Lee Dronick

If Apple cut a check, it was only for an amount significantly less than the legal costs they would have incurred easily quashing the suit.

That is what I am thinking Tim. “Here, go get a new business name, trademark it, and redo your website. Okay? Great! Lets go get some lunch, our treat.”

mhikl

So what did Steve order for the PS.C guests. Chicken or Crow?

ilikeimac

Guess who did back in May 2008.

Is this saying Apple did register the iCloud trademark?

Lee Dronick

Is this saying Apple did register the iCloud trademark?

See if this search result link to the Trademark Office works. Otherwise you may need to search at http://www.uspto.gov/

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