iCloud Communications drops lawsuit against Apple

iCloud Communications was not on the list of companies you've heard of until just a few months ago. One figures that they thought a lawsuit would get them into the public spotlight. So who did they decide to sue? Well, none other than Apple itself.

They sued Apple because they somehow believed that Apple was infringing on iCloud's right to the word "iCloud" by using it to name the storage service that Apple created. Apparently, Apple fought back and sent some legal muscle out to fight and now iCloud Communications is no more. The company renamed themselves PhoenixSoft/Clear Digital Communications, according to ArsTechnica and Engadget. They changed their name quietly about a month ago via a Facebook post that apparently is now only being noticed.

Not only that, the company has filed a voluntary dismissal of its lawsuit in US District Court. The company asked for dismissal with prejudice. This means that the company cannot refile the suit. The company's website has moved to a different site, and the old site, geticloud.com, shows a "Website Coming Soon" screen. One can assume that the fact Apple had the trademark to the word iCloud first had an effect on the dismissal of the lawsuit. For future reference, don't sue the company that has the trademark to your company name. It might not work out so well.

 

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19 Comments

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I don't blame them for going after Apple, if reversed Apple wouldn't hesitate to send out the lawyers
but as most have guessed there was a payoff and the company quietly changed its name, otherwise
it wouldn't have been done so quietly.

If they had been payed off Apple would of given the impression that they could win, and they would of simply upped the money asked in the lawsuit. I'm pretty sure they saw they were in trouble and had no chance on doing anything and backed out before they go broke.

I really did not read the article but is iCloud Communications really well known? I know that is not for the reason of the law suit but more on the base of the "Name" but I feel like this company is just looking some ways to get some money.

It also depends on timing. I think there is some legal basis for unregistared trade mark, if the name was in use before Apple aquired the trade mark.

@.Neo... I thought they got iPhone from CISCO... it is posible that all the iNames were being used and they bought the trademarks.

This does sound like Apple gave them a settlement. At this point not many companies have the power to stand up to Apple in court either way. So you never know. I hope someone talks... not talking would probably be in a settlement too. So we may never know... and the question is... will we care to know tomorrow?

Their are two things that could be happening here:
- Either Apple may have fed them some money,
- Or Apple may have fed them some money.

FMH said,
Their are two things that could be happening here:
- Either Apple may have fed them some money,
- Or Apple may have fed them some money.

+1000000000000000

My exact thoughts at first

FMH said,
Their are two things that could be happening here:
- Either Apple may have fed them some money,
- Or Apple may have fed them some money.

Or if you look into the case, Apple already had the trade mark on the name.
But yeah lots ignore that...........

FMH said,
Their are two things that could be happening here:
- Either Apple may have fed them some money,
- Or Apple may have fed them some money.

Funny, there's only one thing that needed to happen here:
You doing a better job at reading.

drazgoosh said,

+1000000000000000

My exact thoughts at first


It is a little suspicious that they are quietly changing their name. And all of a sudden their website has been shifted to another domain.

And none of the parties involved gave a single statement about this development.

I think they had a deal outside of court, and then the plaintiffs changed their name, withdrew their case permanently. Why would they all of a sudden stop pursuing a case which could possibly win them millions of dollars?

Seems very sneaky to me.

FMH said,

Why would they all of a sudden stop pursuing a case which could possibly win them millions of dollars?

Seems very sneaky to me.

Cause they didn't have a hope in hell in winning


Why oh why do Neowin Readers not actually bother to read newstorys, they make their own up most of the time, but if they gave it a go they might actually learn something and not just make comments on what they think rather then what has actually written.

evo_spook said,

Cause they didn't have a hope in hell in winning


Why oh why do Neowin Readers not actually bother to read newstorys, they make their own up most of the time, but if they gave it a go they might actually learn something and not just make comments on what they think rather then what has actually written.

If they didn't had a chance in hell to win this case, why did they even file it in the first place?

iPhone had a similar history.
Cisco complained.
Apple ignored.
Cisco sued.
Apple offered a deal.
The end.

FMH said,

If they didn't had a chance in hell to win this case, why did they even file it in the first place?

Is not it the same thing other companies try filing lawsuits against MS?

FMH said,
Their are two things that could be happening here:
- Either Apple may have fed them some money,
- Or Apple may have fed them some money.

+1

FMH said,

If they didn't had a chance in hell to win this case, why did they even file it in the first place?

Had you heard of iCloud Communications until now? No.

It was clear from my review of the court documents that iCloud Communications had no chance.

They were looking to get some cheap publicity and you fell for it.

DukeEsquire said,

Had you heard of iCloud Communications until now? No.

It was clear from my review of the court documents that iCloud Communications had no chance.

They were looking to get some cheap publicity and you fell for it.


Well it doesn't explain, that, why did they changed their name to Clear Digital Communications if they had trademarked this name before Apple.

They could have certainly used some free publicity, they would have gotten from Apple's offering's name.