Phoenix-based iCloud Communications has sought an injunction in an Arizona court preventing Apple from using “iCloud” as a trademark in association with its new online file storage service, set to go online soon. iCloud Communications is a VOIP provider that has been in existence since the early 1980s and claims that Apple’s use of “iCloud” would cause confusion among its customers. Many of Apple’s trade-marks have previously been the subject of disputes, including iPhone (Cisco), iPad (Fujitsu) and iAd (Innovative Media), and Apple’s pattern of conduct has been raised in the iCloud claim.
The iCloud claim does not specify a figure for the damages being claimed, but it does seek all of Apple’s profits from use of the iCloud mark, along with the delivery up and destruction of any infringing materials. It remains to be seen whether Apple will try to quickly reach a settlement or will launch its iCloud service and risk being ordered to rename it in the future.
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