Mobile Marketer Quotes Partner Andrea L. Calvaruso on Apple iCloud Trademark Lawsuit

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.