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Apple Free From iCloud Trademark Lawsuit

iCloud Communications drops lawsuit against Apple, decides to change name instead and in addition to having spent more than $550,000 building up its data center and telecommunications hub in Phoenix, iCloud Communications claimed to spend tens of thousands of dollars annually in advertisements using its own iCloud logos. The firm appears to have changed its name to Clear Digital Communications and PhoenixSoft and it’s former domain geticloud.com has been taken down………………..

 

An Arizona company that sued Apple over its use of the iCloud name seems to have changed its tune and iCloud Communications, which alleged in a lawsuit filed in June that the name of Apple‘s online storage service copied its name and caused confusion over competing products. On September 1, the company filed a motion for voluntary dismissal with prejudice, meaning that the complaint cannot be refiled once approved by a judge in the district. According to reports, the company hasn’t even attempted to seek reimbursement for legal fees. The Phoenix New Times reports that on August 12, the company changed its name to Clear Digital Communications, after posting a message to a new Facebook page. The update said iCloud is now Clear Digital Communications, adding a profile picture with the name PhoenixSoft, a company with the same address. When the company issued its claim in June, it accused Apple of offering services are nearly identical to the ones that were offered by iCloud Communications:

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 lawsuit didn’t specify any monetary relief, but did call for all profits, gains and advantages as well as all monetary damages sustained. It asked 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. All claims, accusations and legal filings have now been pulled, leaving Apple free to continue its iCloud push for when its new iPhone is launched and iOS update made available. It probably helped that Apple owned 12 of the 13 iCloud registrations with the US Patents and Trademarks Office.

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Source

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