The company claims that people will now associate iCloud with Apple instead of iCloud Communications — and that could hurt its business.
iCloud Communications is asking Apple to stop using iCloud and destroy “all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material or advertisements” that use its name. In addition the complaint calls for “all profits, gains and advantages obtained from Apple’s unlawfulconduct” and “all monetary damages sustained and to be sustained… including lost profits and reasonable royalties.”
In other words, the company wants a lot of cash from what it says is the largest tech company in the world.
iCloud Communications attempts to boost its case by alleging that this isn’t the first time Apple has infringed upon others’ trademarks.
“Although Apple aggressively protects its trademark rights, Apple has a long and well 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.”
The documents also mentions other trademark debacles Apple had in the past with McIntosh Labs, Management and Computer Services (MACS), the “Mighty Mouse” cartoon character, iPhone, iPad and iAd.
If the past is any indication of how this case will turn out, Apple and iCloud Communications will likely settle out of court. After all, Apple is still using all the names from those other cases.
For a comprehensive list of Apple trademark disputes, check out Ian Paul’s roundup from 2010.