An Arizona company that sued Apple over its use of the iCloud name seems to have changed its tune--and its name.
iCloud Communications, which alleged in a lawsuit filed in June that the name of Apple's online storage service copied its name and caused confusion over competing products, has withdrawn its claim. The company claimed in its suit that "the goods and services with which Apple intends to use the 'iCloud' mark are identical to or closely related to the goods and services that have been offered by iCloud Communications under the iCloud Marks since its formation in 2005."
The June filing went so far as to say that "Apple has a long and well-known history of knowingly and willfully treading on the trademark rights of others." The lawsuit sought an injunction against Apple's use of the iCloud name, as well as an unspecified amount of monetary compensation.
But the Phoenix-based voice over IP provider on Thursday filed a notice of voluntary dismissal with the U.S. District Court of Arizona that precludes the claim from being refiled:
Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff I Cloud Communications, LLC dismisses its claims against Defendant Apple Inc., with prejudice and without costs or attorneys' fees to either party.
In another development, the company appears to have changed its name to Clear Digital Communications. A Facebook page for a company called Clear Digital Communications lists the same address and contact information as an iCloud Communications Facebook page, as well as a wall post from August 12 that says, "iCloud is now Clear Digital Communications." The Clear Digital Communications page also includes a profile picture with the name iCloud Communications.
iCloud Communications and Apple representatives did not immediately respond to requests for comment. However, when a Phoenix New Times reporter called the phone number listed for both companies, the phone was answered by someone saying "iCloud Communications." But the man later admitted to the newspaper that he didn't know what the company was now called.
Apple reportedly spent $4.5 million to acquire the iCloud.com domain from Sweden-based Xcerion before the June unveiling of the service, which is designed to make it simple to wirelessly share music, e-mail, photos, calendars, and other data between handheld gadgets and desktop computers.