We knew this was coming when Apple announced their iCloud service. Apple is being sued for trademark infringement over the name of its new Internet storage service, which it calls iCloud. A company in Dallas called iCloud Communications says it has been using that name since 2005.
Companies all over the world struggle to remain competitive in an ever-changing online world where businesses are often made or broken from basic demands such as business models and good managed server hosting. Not every company has the same resources and companies like Apple have led the way in innovation and service.
It’s difficult to stay competitive against these companies but sometimes their approaches have been called into question. A report on NPR this month explained that Apple is currently being sued for trademark infringement over the name of its Internet storage service, iCloud. The company called iCloud Communications argues that it’s been using the name ever since 2005.
This all happened last week as Apple introduced the iCloud service that will let users store various date such as: music, photos, calendars, emails, and other content. iCloud Communications is arguing that Apple failed to ask permission of the Phoenix-based company before using its trademarked name.
The issue is being filed in a federal court in Arizona and the communications company is arguing that Apple is offering very similar services, yet, Apple is faring far better given its worldwide brand recognition and popularity.
Apple has yet to discuss the lawsuit in any type of public forum nor have they issued any statements over the legal matter. Some attorneys, like Molly Buck Richard, have argued that iCloud Communications has a pretty strong case against Apple given the fact that the smaller company appears to have been operating under this name for six years already.
The company argues that it’s disrupted their business since many customers and clients have been confused over the similar name and have been uncertain of the potential affiliation.
This isn’t the first time that Apple’s found themselves in court over trademark infringement. This is the second case file against them in just as many weeks. The iBooks application has also been called into question. New York-based books publisher, John T. Colby, is suing the company over the alleged infringement of their iBooks trademark.
It’s still unclear as to how strong of a case Colby has against Apple but it seems that the company just can’t catch a break. Apple could simply change the name of both of these programs and the issue but it remains to be seen whether or not Apple will take legal action or not.
These essential services, like co-location hosting and communication solutions are the benchmark for companies and safeguarding intellectual and trademark properties have been increasingly difficult enforce in the ever-evolving and constantly changing online world. Stronger enforcement of trademark infringement will become exceedingly necessary if smaller companies hope to compete with larger corporations that have more money and more resources.