June 14, 2011
The Mobile Marketer article, "Will Apple iCloud Suit Affect Its Market Release?" reported on the lawsuit filed by a Phoenix-based VoIP provider, iCloud Communications, against Apple claiming trademark infringement over the use of the name "iCloud." The article quoted partner Andrea L. Calvaruso, who stated Apple's ownership and fame of its i-formative marks could help its chances of registration.
"'Unless the plaintiff has an endless supply of capital to devote to legal expenses, I can only imagine the company's objective in filing the lawsuit is to try to obtain money from Apple to assign its rights to the mark or obtain a consent agreement or other settlement,' she said."
Ms. Calvaruso also noted that Apple has a strong argument that based upon its longstanding use, widely successful advertising campaigns and the unsolicited media regarding Apple products using the "i" in front of its trademark, these marks have acquired a secondary meaning such that consumers identify i-formative marks with Apple.