iCloud Communications has filed a lawsuit against Apple, alleging the company has infringed on its trademark and calling for an injunction that would block Apple from launching or promoting the iCloud service.
The lawsuit comes after June 6’s WWDC revelation of iOS 5 and iCloud. Apple purchased the iCloud name, from Xcerion (who in turn renamed their product to CloudMe) towards the end of April. However, Apple forgot about this Arizona-based iCloud Communications, who claims to have been using the iCloud trademark for “identical to or closely related” goods or services since 2005.
The suit alleges that Apple has damaged the company’s trademark due to the worldwide media coverage given to Apple’s iCloud announcement and the “ensuing saturation advertising campaign pursued by Apple.”
The suit also alleges that Apple has “a long and well known history of knowingly and willfully treading on the trademark rights of others,” citing legal disputes between Apple and the Beatles record label, Apple Corp., McIntosh Labs and the Mighty Mouse cartoon character.
There’s no specific amount of monetary relief set, but the suit does call for “all profits, gains and advantages” as well as “all monetary damages sustained”. Further, the suit asks for Apple to refrain from using the iCloud name and to “deliver for destruction all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material” with the iCloud name.
We’ve embedded the lawsuit below: