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iCloud Communications sues Apple for 'irreparable injury' to trademark

Demands damages, injunctive relief and domain name

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A Phoenix, Arizona company is throwing a trademark complaint at Apple over the iCloud moniker.

iCloud Communications LLC stated in its filing, courtesy of The Next Web, on 9 June that it has provided cloud computing services since 2005.

It said its "software applications and customer data are hosted at and are accessed through its secure data centre and telecommunications hub", which iCloud Communications LLC bought for more than $550,000.

The company said it serves customers in North America, South America, Europe and the Middle East.

It pointed out in the complaint that usage of the iCloud marks to promote the firm's goods has taken place for the past six years at considerable marketing and advertising costs.

"By virtue of iCloud Communications’ long and extensive use of the iCloud Marks, its advertising and promotional campaigns and expenditure of substantial monies thereon, iCloud Communications had, prior to June 6, 2011, established significant goodwill and valuable rights in and ownership to the iCloud Marks in connection with computer telephony and electronic data transmission and storage services," it said.

iCloud Communications added that the saturated media coverage surrounding Apple's recent announcement about its cloudy offering had damaged the company's association with the mark.

"Monetary relief alone is inadequate to fully address the irreparable injury that Apple’s illegal actions have caused and will continue to cause to iCloud Communications if this court does not enjoin Apple. iCloud Communications is, therefore, entitled to preliminary and permanent injunctive relief to stop Apple’s unfair competition."

Cupertino bought the iCloud domain name in April this year for $4.5m from Sweden-based Xcerion.

The company has demanded a trial by jury and, among other things, wants Apple to transfer the icloud.com domain name over to the Arizona-based outfit. It currently uses the geticloud.com domain name. ®

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