Apple sued over use of 'iCloud'

Apple CEO Steve Jobs unveils the iCloud storage system at the Apple Worldwide Developers Conference in San Francisco on June 6. Photo: David Paul Morris/Bloomberg

Apple has been sued by US-based iCloud Communications for its use of the name iCloud for its new cloud-based file storage services.

The lawsuit

The lawsuit, filed last week in an Arizona US District Court, argues that Apple's use of iCloud is trademark infringement on the name of iCloud, a VoIP (Voice over Internet Protocol) and cloud services company founded in the US state of Phoenix in 2005.

Apple has so far used the iCloud name to identify its services for consumers looking to store music, photos, video, emails and other types of data in remote servers that they access over the web - or from the cloud, as the tech industry calls it.

The company as well says in its suit that Apple knew that iCloud Communications held the trademark on the iCloud name, nevertheless used it in any case and along these lines, has hurt its use of the name.

The worldwide media coverage given to

"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, or rather than iCloud Communications," the internet calling firm said in its complaint. "Then Apple elected to adopt 'iCloud' for its cloud computing telecommunications and data services, Apple was aware of or was willfully blind to iCloud Communications' use of and rights in the iCloud Marks."

Apple officials were unavailable for comment. Nevertheless, as iCloud argues in its suit, troubles over trademark infringement for Apple are nothing new when it comes to product names.

"Even though Apple aggressively protects its trademark rights, Apple has a long and then known history of knowingly and willfully treading on the trademark rights of others - a history which began as early as the 1970s when Apple was first sued for trademark infringement by the Beatles record label, Apple Corp.," iCloud says in its suit.

The complaint as well points out that Apple's use of the names Macintosh computer, Mighty Mouse, iPhone and iAd were each met with trademark infringement suits from other companies who've used those respective names for products of their own.

Apple's use of the iCloud name has already led to a lot of confusion for iCloud Communications, which is hurting its business, the company said in its suit.

"Actually, iCloud Communications has received numerous inquiries from both existing and prospective clients regarding whether it is now owned or affiliated with Apple," iCloud said in the court document. "The loss of and damage to the goodwill in the iCloud Marks, the damage to iCloud Communication's reputation and confusion among consumers is likely to continue - and, in point of fact, intensify - unless Apple is enjoined from its use of the mark 'iCloud.'"

The suit calls for Apple to "deliver for destruction all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material or advertisements in its possession or control containing the iCloud name," as so then as unspecified payment for damages and any profits Apple makes from its iCloud offerings.

5:49am A court in south China jailes three people for stealing the design to Apple's iPad 2 tablet computer and using it to manufacture counterfeits, say reports.