Apple sued over use of iCloud name

Re:Apple sued over use of iCloud name by p0ppe on Sunday June 12, 2011 @05:56AM (#2646200)

I quick search suggests that icloud communications doesn't own the trademark icloud in any categories. There 13 records in the USPTO database, 11 applications by Apple, one by Douglas Dane Barker and one by Xcerion Ab of Sweden.

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Re:Apple sued over use of iCloud name by deadbadger on Sunday June 12, 2011 @06:53AM (#2646263)

Registration is not a necessary condition for enforcement of trademark rights (although it obviously helps). In some jurisdictions, of which the USA is one, an established history of use can be sufficient to establish rights to a given mark.

So while iCloud Communications do not appear to have a registration for the marks, that doesn't mean they have no rights to them.

http://www.uspto.gov/faq/trademarks.jsp#_Toc275426680

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Re:Apple sued over use of iCloud name by SeanLuke on Sunday June 12, 2011 @11:05AM (#2646586)

My understanding was that registration was necessary if you wanted to have standing to defend your trademark in federal court. Yet here I Cloud Communications is suing in US district court.

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Re:Apple sued over use of iCloud name by ignifero on Sunday June 12, 2011 @07:08AM (#2646279)

True, although they claim they have a trademark in arizona. Their main argument is that of unfair competition, because they prove they are using the bussiness name for years now.

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