A little over a week after iCloud is announced, Apple is sued by iCloud Communications.
been just over a week since Apple's announcement of iCloud-the company's
upcoming cloud services offering designed to compete with Google and Amazon-and
already the lawsuits are being filed. iCloud Communications, a VOIP (voice over
IP) specialist, filed suit against Apple, claiming trademark infringement over
complaint, filed in the U.S. District Court of Arizona, seeks preliminary and
permanent injunctive relief, monetary relief and attorneys' fees stemming from
a violation of Arizona state trademark infringement, unfair competition and
injury to business reputation.
Communications was formed in 2005 and is a provider of, among other cloud
computing products and services, computer telephony (telecommunication)
hardware and software for the electronic transmission of email, text, audio,
video, photos, information, data, video conferencing, virtual video
conferencing and other content via the Internet and wireless data networks.
press release issued by Apple along with CEO Steve Job's public announcement at
the June 6 Worldwide Developers Conference describes Apple's vision for its
"iCloud" platform. Among other things, the press release states that Apple's
iCloud will "wirelessly store your content in iCloud and automatically and
wirelessly push it to all your devices." It further states that the iCloud
platform will wirelessly transmit and store at its data center email, text,
audio, video, photos and other data.
filing claims Apple's iCloud offering is inherently similar to some of the
services iCloud Communications provides. "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," the suit reads. "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."
suit also notes that although Apple aggressively protects its trademark rights,
the company has a long and well-known history of knowingly and willfully treading
on the trademark rights of others-a history that began as early as the 1970s
when Apple was first sued for trademark infringement by the Beatles record
label, Apple Corp. Although the case was settled on the condition that Apple
not enter into the music business, Apple entered into the music business in the
1990s and was sued again.
iCloud would include Web-based digital book and movie services that consumers
may sync via Apple Mac desktop computers and laptops, as well as the iOS-based
iPhone, iPad and iPod Touch. Web-based email also is alleged to be in the
iCloud mix to replace the unpopular MobileMe service.