Apple Computer has been sued in Arizona U. S. District Court by by ICloud Communications over Apple’s trademark applications for marks using the name “iCloud.” ICloud Communications never registered a mark for it’s asserted prior use of the term “iCloud.” Trademark rights arise from use, not registration; however, proving prior use is much more difficult without registration. Some other benefits of registration are the availability of monetary damages because a defendant could not raise a defense of innocent infringement, as well as the ability to obtain an award of attorneys fees which are available by statute for registered marks. This case will most likely settle. The settlement value for iCloud Communications would have been significantly greater if had taken the simple step of properly registering its mark. Oops. Live and Learn.
Author Archives: david
House Republications voted to cut funds for food safety law approved by the last Congress. The law, which received bipartisan support, followed years of cutbacks at the FDA and a series of food-borne illnesses linked to foods as varied as spinach, peanuts and cookie dough. The amount by which the cuts in food safety enforcement would increase health care costs is unknown. http://wapo.st/ijzZGS
In a customary motion when a defendant is deceased, Federal prosecutors moved to drop all charges against Osama Bin Laden. DNA testing shows the possibility of mistaken identity is one in 11.8 quadrillion. http://bit.ly/mSWI0M
The Federal Trade Commission obtained a $10.4 judgment against Real Wealth, Inc., a company doing business under numerous aliases, which targeted unemployed workers with work-at-home scams. http://1.usa.gov/kZRi0W