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Icloud v Apple - Azd

Icloud v Apple - Azd

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Case 2:11-cv-01158-DGC Document 1

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Gallagher & Kennedy, P.A.
2575 East Camelback Road Phoenix, Arizona 85016-9225 (602) 530-8000

Robert J. Itri (Bar No. 10938) Charles E. Runyan (Bar No. 019277) GALLAGHER & KENNEDY, P.A. 2575 East Camelback Road Phoenix, Arizona 85016-9225 Telephone: (602) 530-8000 Facsimile: (602) 530-8500 Email: rji@gknet.com Chuck.runyan@gknet.com Attorneys for Plaintiff I Cloud Communications, LLC UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA I Cloud Communications, LLC, an Arizona Limited Liability Company, Plaintiff, v. Apple, Inc., a California Corporation, Defendant. Plaintiff I Cloud Communications, LLC (“iCloud Communications”), for its complaint against Defendant Apple Inc. (“Apple”) alleges as follows: NATURE OF THE ACTION 1. This action seeks preliminary and permanent injunctive relief, monetary No. COMPLAINT

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relief, and attorneys’ fees based on Apple’s i) federal unfair competition and false designation of origin in violation of § 43 of the Lanham Act, 15 U.S.C. § 1125(a); and ii) Arizona state trademark infringement, unfair competition, and injury to business reputation in violation of Arizona common law. PARTIES 2. Plaintiff iCloud Communications is an Arizona limited liability corporation

having its principal place of business in Phoenix, Arizona.

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3.

Apple is a California corporation which, upon information and belief, is the

most highly valued technology company in the world. JURISDICTION AND VENUE 4. These causes of action arise under the Lanham Act (15 U.S.C. §§1051-

1127), the laws of the State of Arizona, and the common law. 5. This Court has original federal question jurisdiction and supplemental

jurisdiction over this action under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338 and 1367(a). 6. This Court has specific personal jurisdiction over Apple because Apple has

purposefully committed acts within this District from which these claims arise and/or has committed tortuous acts outside of the District knowing that such acts would cause injury in this District. This Court’s general personal jurisdiction over Apple flows from Apple’s continuous, systematic and routine business contacts within Arizona and the Arizona District. 7. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a

substantial part of the events giving rise to the claims occurred in this District. GENERAL ALLEGATIONS Cloud Computing 8. The National Institute of Standards and Technology (“NIST”) has defined

“cloud computing” as follows: Cloud computing is a model for enabling convenient, ondemand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. NIST SP 800-145. 2

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9.

More generally stated, “cloud computing” refers to applications and

services offered over the Internet. The “cloud” reference is a metaphor derived from the cloud image used to represent the Internet in computer network diagrams and is a simplification of the complex series of network connections and systems involved in online services. Any user with an Internet connection can access the “cloud” and the services it provides. An example of a diagram depicting cloud computing is set forth below:

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Some commonly know cloud computing services include: Gmail by

Google; Google Docs; Google Calendar; YouTube; LinkedIn; Amazon Web Services; Amazon MP3; Rackspace; Microsoft Azure; and MobileMe by Apple.

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iCloud Communications 11. iCloud Communications was formed in 2005 and is a provider of, among

other “cloud computing” products and services, computer telephony (telecommunication) hardware and software for the electronic transmission of email, text, audio, video, photos, information, data, video conferencing, virtual video conferencing and other content via the internet and wireless data networks. 12. iCloud Communications’ software applications and customer data are

hosted at and are accessed through its secure data center and telecommunications hub in Phoenix, Arizona, which was acquired and equipped by iCloud Communications at a cost of over $550,000. 13. iCloud Communications has customers located throughout North America,

South America, Europe and the Middle East. iCloud Marks 14. iCloud Communications spends tens of thousands of dollars annually—in

excess of several hundreds of thousand of dollars since its formation in 2005—in regional, national and international, electronic, print and other advertising to promote its goods and services using the following marks and logos (the “iCloud Marks”). iCloud I Cloud Communications

iCloud Communications

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Attached as Exhibit A are various current and historic marketing brochures and materials describing the goods and services offered by iCloud Communications under the iCloud Marks. 15. iCloud Communications also promotes, and since 2005 has promoted, its

services through its website, www.geticloud.com, where the name iCloud and other iCloud Marks are prominently displayed. See Exhibit B attached hereto. 16. iCloud Communications also uses, and since 2005 has used, the iCloud

Marks at tradeshows, in brochures, and in every communication and invoice it disseminates to customers and prospective customers. 16. By virtue of iCloud Communications’ long and extensive use of the iCloud

Marks, its advertising and promotional campaigns and expenditure of substantial monies thereon, iCloud Communications had, prior to June 6, 2011, established significant goodwill and valuable rights in and ownership to the iCloud Marks in connection with computer telephony and electronic data transmission and storage services. Apple’s Infringement of the iCloud Marks 17. Apple was formed on April 1, 1976, began to conduct business in Arizona

in 1976, and continues to conduct business in Arizona. 18. Recently, Apple began using marks identical or confusingly similar to the

iCloud Marks to promote its new cloud computing telecommunications and data services. 19. On June 6, 2011, at Apple’s highly anticipated Worldwide Developer

Conference (“WWDC”), Apple's Chief Executive Officer, Steve Jobs, publicly announced the launch of its new cloud computing telecommunications and data storage platform “iCloud.”

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20.

A press release issued by Apple concurrently with Steve Job’s public

announcement at the June 6th WWDC describes Apple's vision for its “iCloud” platform. Among other things, the press release states that Apple’s iCloud will “wirelessly store your content in iCloud and automatically and wirelessly push it to all your devices.” It further states that the iCloud platform will wirelessly transmit and store at its data center email, text, audio, video, photos and other data. A copy of the Apple press release is attached hereto as Exhibit C. 21. Moreover, in one of its recent trademark filings with the United States

Patent and Trademark Office made on June 1, 2011, Apple stated its intent to use the “iCloud” mark in connection with, among other services: Telecommunications; telecommunication access services; communications by computer; communication between computers; delivery of digital music by telecommunications; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; delivery of messages by electronic transmission; delivery of digital music by telecommunications; electronic mail services; streaming of video content via a global computer network; electronic transmission of audio and video files via communications networks; information, advisory and consultancy services relating to all the aforesaid. A copy of the Apple’s U.S. application is attached hereto as Exhibit D. 22. In a similar filing with the Trademarks and Designs Registration Office of

the European Union made on May 31, 2011, Apple indicated its intent to use the “iCloud” mark in connection with, among other services: Telecommunications; communication and telecommunication services; telecommunication access services; communications by computer; communication between computers; electronic sending of data and documentation via the Internet or other databases…communication by computer, computer intercommunication; telex, telegram and telephone services; broadcasting or transmission of radio and television 6

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programs;. . . provision of telecommunications access and links to computer databases and the Internet...delivery of messages by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; provision of telecommunications connections to electronic communication networks… provision of telecommunications connections to the Internet or computer databases; electronic mail services; telecommunication of information (including web pages)…rental and hire of communication apparatus and electronic mail-boxes; electronic news services; electronic communications consultancy; facsimile, message collection and transmission services; transmission of data and of information by electronic means, computer, cable, radio, teleprinter, teleletter, electronic mail, telecopier. A copy of the Apple’s E.U. filing is attached hereto as Exhibit E 23. Apple has, since the June 6th announcement, widely promoted its proposed

“iCloud” services across numerous marketing channels, including print and electronic 14 media and on its website, www.apple.com, and through the use of the domain name 15 icloud.com. 16 24. 17 are identical to or closely related to the goods and services that have been offered by 18 iCloud Communications under the iCloud Marks since its formation in 2005. However, 19 due to the worldwide media coverage given to and generated by Apple's announcement of 20 its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple, 21 the media and the general public have quickly come to associate the mark “iCloud” with 22 Apple, rather than iCloud Communications. 23 25. 24 for its cloud computing telecommunications and data services, Apple was aware of or 25 was willfully blind to iCloud Communications’ use of and rights in the iCloud Marks. 26
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The goods and services with which Apple intends to use the “iCloud” mark

Upon information and belief, at the time Apple elected to adopt “iCloud”

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Apple's Pattern Of Willful Trademark Infringement 26. Although Apple aggressively protects its trademark rights, Apple has a long

and well known history of knowingly and willfully treading on the trademark rights of others—a history which began as early as the 1970s when Apple was first sued for trademark infringement by the Beatles record label, Apple Corp. Although the case was settled on the condition that Apple not enter into the music business, Apple entered into the music business in the 1990s and was sued again. 27. Apple’s early flagship product—the Macintosh computer—also ran afoul of

the trademark rights of both McIntosh Labs, a high-end stereo equipment maker, and a software company named Management and Computer Services, Inc. (MACS). Apple’s former CEO John Sculley reported that Apple paid nearly $2 million (nearly 3 decades ago) to extricate itself from the legal mess it created by its adoption of the Macintosh label. 28. Apple was sued another time for trademark infringement due to its adoption

of the name “Mighty Mouse” for computer devices despite Terrytoon’s famous trademark for the cartoon character of the same name. 29. In more recent times, Apple has been sued for its use of various marks

employing the “i” prefix in connection with various wireless technology goods and services. For example, Apple was sued by Cisco Systems, Inc. (“Cisco”) in 2007 for trademark infringement arising from Apple’s introduction of the iPhone. Cisco, which owned the mark “iPhone,” and Apple had been in licensing discussions for two years prior to the launch of the iPhone. Nonetheless, Apple ignored Cisco's trademark rights and announced the iPhone without first reaching any agreement with Cisco. 30. Upon information and belief, Apple also began using “iPad” without

seeking a license from Fujitsu Frontech North America, which had previously used and

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had pending before the United States Patent and Trademark Office an application for the iPad mark. 31. Most recently, in May 2010, Apple was sued by Innovative Media Group,

LLC (“IMG”) for infringement of IMG’s federally registered “iAds” trademark after Apple launched its “iAd” mobile advertising program. 32. Apple’s announcement and launch of its “iCloud” cloud computing service

appears to be just one more example of Apple’s “act first and worry about the consequences later” approach to trademark use as even the most cursory Internet search—which could have easily been conducted by any of the legion of Apple’s inhouse marketing or legal staff—would have revealed the prior, long term usage of the iCloud Marks by iCloud Communications. 33. Moreover, as was the case of the “iPhone” and “iAd” marks, Apple

discreetly applied for a foreign trademark registration for ICLOUD months prior to the launch announcement on June 6, 2011 (Apple applied initially in Australia for iPhone, Canada for iAd and Jamaica for iCloud). That foreign ICLOUD application appears to now form the basis for the various iCloud applications for which Apple filed in the United States on June 1, 2011. Apparently, Apple is attempting to use a foreign jurisdiction’s laws to gain priority for its U.S. registrations while circumventing the notice and publication requirements for trademark applications filed here in the United States with respect to “intent-to-use” applications. 34. Apple also went through the motions of purchasing a U. S. trademark

registration for “iCloud,” Reg. No. 3,744,821, from a Swedish consulting company whose use of the mark post-dates that of iCloud Communications by two years. Moreover, upon information and belief, the Swedish company has continued offering the same services to the same customers under a similar mark. Thus, Apple’s acquisition of the mark iCloud appears to have been “in gross” and is, therefore, invalid.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 39. 35.

Irreparable Harm Suffered by iCloud Communications Apple has used, and continues to use, “iCloud” in connection with its

efforts to advertise, market, and promote its cloud computing services throughout the world using many of the same marketing channels used by iCloud Communications. 36. Apple’s announcement of and the launch of its advertising campaign for its

iCloud service have so thoroughly swamped the reputation of iCloud Communications and the goodwill it had built up over the years in the iCloud Marks that is likely to cause—and has actually caused—confusion among consumers of cloud computing services and members of the general public as to the source of the parties’ goods and services. In fact, iCloud Communications has received numerous inquiries from both existing and prospective customers regarding whether it is now owned or affiliated with Apple. 37. Additionally, it is likely that consumers will be given the misimpression

that Apple, not iCloud Communications, is the source of the services offered under the iCloud Marks and/or that iCloud Communications is an unauthorized user of and is infringing upon Apple’s trademark rights. Such misimpressions will damage iCloud Communications’ reputation. 38. The loss of and damage to the goodwill in the iCloud Marks, the damage

to iCloud Communication’s reputation and confusion among consumers is likely to continue—and, in fact, intensify—unless Apple is enjoined from its use of the mark “iCloud.” FIRST CAUSE OF ACTION False Designation of Origin and Unfair Competition Violating 35 U.S.C. §1125(a) iCloud Communications repeats and realleges all allegations contained in

paragraphs 1 to 38 and by this reference incorporates them here.
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40.

Apple has knowingly and intentionally misrepresented and falsely

designated to the public the source and origin of their products, goods and services. Apple’s unauthorized use of the mark iCloud is likely to cause confusion, or to cause mistake, or to deceive consumers as to Apple’s affiliation, connection or association with iCloud Communications and as to the true origin, sponsorship and approval of iCloud Communication’s services and rights in and authorization to use the iCloud Marks. 41. Apple’s acts constitute unfair competition and false designation of origin

violating § 43 of the Lanham Act, 15 U.S.C. § 1125. 42. 43. Apple’s acts have been willful. iCloud Communications has been damaged by, and Apple has profited

from, Apple’s wrongful conduct in an amount to be proven at trial. 44. Monetary relief alone is inadequate to fully address the irreparable injury

that Apple’s illegal actions have caused and will continue to cause to iCloud Communications if this court does not enjoin Apple. iCloud Communications is, therefore, entitled to preliminary and permanent injunctive relief to stop Apple’s unfair competition. SECOND CAUSE OF ACTION Unfair Competition Violating Arizona Common Law 45. iCloud Communications repeats and realleges all allegations contained in

paragraphs 1 to 44 and by this reference incorporates them here. 46. Apple’s acts in using the mark iCloud has deceived, misled and confused

the public generally, and specifically iCloud Communications' customers and potential clients, and will continue to do so if such use continues. 47. Unless enjoined, Apple will continue to willfully infringe and violate

iCloud Communications’ rights in the iCloud Marks, which will irreparably harm iCloud

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Communications and cause iCloud Communications tremendous damage to their goodwill, business reputation, and trademark services. THIRD CAUSE OF ACTION Trademark Infringement Under Arizona Common Law 48. iCloud Communications repeats and realleges all allegations contained in

paragraphs 1 to 47 and by this reference incorporates them here. 49. iCloud Communications has developed substantial common law trademark

rights in the iCloud Marks under Arizona law and in all jurisdictions where iCloud Communications has used those marks. 50. Apple has infringed the iCloud Marks by using confusingly similar marks

in commerce in Arizona in a way that has caused and likely will continue to cause consumer confusion as to iCloud Communications' association with, affiliation with, or sponsorship of Apple and their products, goods and services. 51. Apple’s acts have been willful and in conscious disregard of the trademark

rights of iCloud Communications. 52. iCloud Communications has been damaged by, and Apple has profited

from, Apple’s wrongful conduct in an amount to be proven at trial. 53. iCloud Communications is entitled to damages and enhanced damages in

amounts to be proven at trial. 54. Monetary relief alone is inadequate to fully address the irreparable injury

that Apple’s illegal actions have caused and will continue to cause to iCloud Communications if this Court does not enjoin Apple. iCloud Communications is therefore entitled to preliminary and permanent injunctive relief to stop Apple’s unfair competition.

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FOURTH CAUSE OF ACTION Injury to Business Reputation Under Arizona Common Law 55. iCloud Communications repeats and realleges all allegations contained in

paragraphs 1 to 54 and by this reference incorporates them here. 56. Apple’s use of the iCloud mark is confusingly similar to and constitutes

infringement of iCloud Communications' Marks. Apple’s use injures iCloud Communications' business reputation because consumers will believe that iCloud Communications is affiliated with or related to or has the approval of Apple, and any adverse reaction by the public to Apple and the quality of its products and the nature of its business will injure the business reputation of iCloud Communications. 57. Apple’s use of the iCloud Mark is likely to cause, and has caused,

consumers to believe that Apple, not iCloud Communications, is the true source of the goods and services offered under the iCloud Marks and that iCloud Communications is infringing upon the trademark rights of Apple in using the iCloud Marks. 58. Apple has engaged in conduct in bad faith that constitutes unfair, unlawful

and fraudulent business practices under the common law of the State of Arizona, causing harm and irreparable injury to iCloud Communications. 59. iCloud Communications has no adequate remedy at law to address fully

this irreparable injury that Apple’s illegal actions have caused and will continue to cause iCloud Communications if not enjoined. iCloud Communications is therefore entitled to preliminary and permanent injunctive relief to stop Apple’s use of the iCloud mark. PRAYER FOR RELIEF WHEREFORE, iCloud Communications prays for judgment in its favor and against Apple as follows: A. preliminarily and permanently enjoining Apple, its servants, agents and employees and all other persons in active concert or participation with 13

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Apple and their respective successors and assigns, from directly or indirectly: 1) using the iCloud name or marks similar to iCloud, or any Internet domain name or any other name or mark confusingly similar to the iCloud Marks, in any manner or form, or any other reproduction, counterfeit, copy or colorable imitation of such marks either alone or in combination with any other designation, or in connection with any advertising, marketing, promotion, offer for sale, or sale of Apple’s telecommunications services throughout the United States and the world; 2) expressly or impliedly representing itself to customers, potential customers, suppliers, potential suppliers, or the general public to be affiliated with iCloud in any way; 3) representing by words or conduct that any product or services provided, offered for sale, sold, advertised, or rented by Apple and supplied, authorized, sponsored or endorsed by or otherwise connected with iCloud Communications; and 4) competing unfairly with iCloud Communications in any manner;

B. ordering Apple to deliver for destruction all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material or advertisements in its possession or control containing the iCloud name or any other colorable imitation of any one of the marks in the iCloud Marks or confusingly similar variation of the iCloud family of marks; C. ordering Apple to file with this Court and to serve on iCloud Communications within thirty (30) days from the date of entry of any 14

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restraining order or injunction, a report in writing, under oath, setting forth in detail the manner and form in which Apple has complied with the terms of the injunction; D. order Apple to pay iCloud Communications: 1) all profits, gains and advantages obtained from Apple’s unlawful conduct, in an amount to be determined at trial; 2) all monetary damages sustained, and to be sustained, by iCloud Communications as a consequence of Apple’s unlawful conduct, including lost profits and reasonable royalties, in an amount to be determined at trial; and 3) iCloud Communications’ costs and disbursements of this action, including reasonable attorneys’ fees and otherwise; E. finding Apple’s acts have been willful and, therefore, order that Apple’s profits or Plaintiff’s damages, whichever is greater, be trebled; F. awarding interest on the above damage awards; G. invalidating U.S. Trademark Reg. No. 3,744,821 as having been abandoned due to its “in gross” transfer to Apple; H. ordering Apple to transfer to iCloud Communications the iCloud.com domain name; and I. awarding such other relief as the Court may deem just and proper. JURY DEMAND iCloud Communications demand a trial by jury on all issues so triable.

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RESPECTFULLY SUBMITTED this 9th day of June, 2011. GALLAGHER & KENNEDY, P.A. By /s/ Robert J. Itri Robert J. Itri Charles E. Runyan 2575 East Camelback Road Phoenix, Arizona 85016-9225 Attorneys for Plaintiff I Cloud Communications, LLC

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EXHIBIT B

http://geticloud.com/

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Simple, Scalable, VoIP Solutions for Business and Residential
Rapidly advancing VoIP services offer more flexibility, save businesses thousands and deliver the richest features ever. Using the latest in broadband technology, iCloud maximizes your telephone and Internet performance for pennies a day. We converge your voice and data communications seamlessly in a single, total solution. No other provider today offers such a complete and affordable solution. We are specialists in implementing VoIP services in mission-critical business environments. In fact, we've been a pioneer in the telecommunications industry since 1982! Plus, our track record includes a wide range of happy customers. You can count on iCloud to provide the very best products and services available today. iCloud Communications provides everything a business needs to communicate in customized, cost-effective packages. You select the plan that's right for you. No setup fees. No contracts. Instant activation. Check out our current plans below. Then click to learn more about our VoIP services and products.

Friday, June 03, 2011

12:18:35 PM

http://geticloud.com/testimonials.html

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Home > Testimonials

What Some iCloud Customers Have to Say
"The iCloud Total Office plan fits the bill for our organization perfectly. It provided the most meaningful business class features without requiring a significant capital outlay. We're operating more productively and professionally with our multi-location work force than ever before. Plus, we couldn't be happier with the level of service we've received from the iCloud technical support staff. We've been so pleased with the service that many of our employees now use an iCloud residential plan in their homes!" Pharmaceutical Packaging Company Phoenix, Arizona USA "We just moved into a new building and have installed the Total Office Plus package companywide. After our analysis, we realized it would be less expensive to go with the iCloud service than move our old PBX and get new lines. And, we can't believe what features we're able to use with this system that we didn't have with our old PBX. It's really increased our efficiencies and lowered costs to new levels. We really appreciate the help from the iCloud staff. Not only did we get first-rate installation service and technical support, but they helped us during the analysis phase to really figure out what was best for our company." Real Estate Investment Firm Dallas, Texas USA "We're very happy with the functionality and performance of our iCloud residential plan. We decided to look into new technologies for voice and data. We wanted cheaper long distance costs and access to more features and services. VoIP seems to do the trick. We've been pleasantly surprised by the excellent voice quality. We have not been able to find such a robust, complete package for the price anywhere." Residential Customer Scottsdale, Arizona USA "As a start-up company, we were overwhelmed by the complexity and huge costs involved with purchasing a traditional phone system from the larger, established companies. Boy, were we pleasantly surprised (and relieved) to find iCloud! With the iCloud business plan, we've saved a lot of money, got advanced functionality, and best of all, the iCloud team made everything so easy for us. Now, our telecommuting staff is happy and business is growing." Advertising Agency San Jose, California USA "We can't believe everything that's included in the iCloud Total Call Plus residential service plan. We not only get our phone service -- but tons of useful features, slick applications and a cool looking phone. And it didn't cost an arm and a leg. Thanks! Residential Customer Dallas, Texas USA "Our company has several branch offices and iCloud Total Office works like a charm to tie all locations seamlessly together with our corporate office. We've been very happy with the technology and service. We don't hesitate to recommend it to our business associates. iCloud offers a streamlined way for any company to have a fully functional voice and data system without all of the startup and equipment costs." Financial Investment Company Albuquerque, New Mexico USA

Friday, June 03, 2011

12:19:46 PM

http://geticloud.com/testimonials.html

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"What a find! We've cut our telephone expenses by an unbelievable $500 a month and we're experiencing a very obvious increase in efficient communication. We have 27 employees scattered across the U.S. and we needed the right tools to bring us all together as one cohesive work force. iCloud did just that at a fraction of the cost we would have paid a traditional provider." Executive Placement Firm Tucson, Arizona USA Please contact us for more information about your specific application.

Friday, June 03, 2011

12:19:46 PM

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Help

New Solutions ::: iCloud Communications adds wireless service to office building configurations. For more information, call: 1-800-621-7371, or 1-602-788-6100, or click here. New Markets ::: iCloud Communications expands to metro Dallas area. Contact Reid Freeman, vice president of sales, for more information: 214-269-5258, 602-443-1200, or rfreeman@geticloud.com Customer Support ::: For assistance with your iCloud service, please contact customer support at: support@geticloud.com.

Using the latest in broadband technology, iCloud maximizes your telephone and Internet performance for pennies a day. We converge your voice and data communications seamlessly in a single, total solution. No other provider today offers such a complete and affordable solution. iCloud Communications provides everything a business or customer needs to communicate in one, cost-effective package. residential

To get started with our business or residential service plan, call us at 1-800621-7371, or +1-602-788-6100, or click here.

Copyright © 2005 iCloud Communications, LLC. All rights reserved.

Friday, June 03, 2011

11:55:21 AM

Case 2:11-cv-01158-DGC Document 1-3

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EXHIBIT C

http://www.apple.com/pr/library/2011/06/06icloud.html

Case 2:11-cv-01158-DGC Document 1-3
Apple Store Mac iPod iPad

Filed 06/09/11 Page 2 of 3

iPhone iTunes

Support

iCloud images

Apple Introduces iCloud
Free Cloud Services Beyond Anything Offered to Date
SAN FRANCISCO—June 6, 2011—Apple® today introduced iCloud®, a breakthrough set of free new cloud services that work seamlessly with applications on your iPhone®, iPad®, iPod touch®, Mac® or PC to automatically and changes on one of your devices, all of your devices are wirelessly updated almost instantly. wirelessly store your content in iCloud and automatically and wirelessly push it to all your devices. When anything

“Today it is a real hassle and very frustrating to keep all your information and content up-to-date across all your

devices,” said Steve Jobs, Apple’s CEO. “iCloud keeps your important information and content up to date across all your devices. All of this happens automatically and wirelessly, and because it’s integrated into our apps you don’t even need to think about it—it all just works.” The free iCloud services include:

The former MobileMe® services—Contacts, Calendar and Mail—all completely re-architected and rewritten to work seamlessly with iCloud. Users can share calendars with friends and family, and the ad-free push Mail computers. account is hosted at me.com. Your inbox and mailboxes are kept up-to-date across all your iOS devices and

device they were purchased on. In addition, the App Store and iBookstore now let you see your purchase devices) at no additional cost.

The App Store™ and iBookstore℠ now download purchased iOS apps and books to all your devices, not just the

history, and simply tapping the iCloud icon will download any apps and books to any iOS device (up to 10 iCloud Backup automatically and securely backs up your iOS devices to iCloud daily over Wi-Fi when you charge your iPhone, iPad or iPod touch. Backed up content includes purchased music, apps and books, Camera Roll password during setup and iCloud restores your new device.

(photos and videos), device settings and app data. If you replace your iOS device, just enter your Apple ID and iCloud Storage seamlessly stores all documents created using iCloud Storage APIs, and automatically pushes to all your devices. Apple’s Pages®, Numbers® and Keynote® apps already take advantage of iCloud Storage.

them to all your devices. When you change a document on any device, iCloud automatically pushes the changes Users get up to 5GB of free storage for their mail, documents and backup—which is more amazing since the

storage for music, apps and books purchased from Apple, and the storage required by Photo Stream doesn’t ships this fall.

count towards this 5GB total. Users will be able to buy even more storage, with details announced when iCloud iCloud’s innovative Photo Stream service automatically uploads the photos you take or import on any of your devices and wirelessly pushes them to all your devices and computers. So you can use your iPhone to take a dozen photos of your friends during the afternoon baseball game, and they will be ready to share with the

entire group on your iPad (or even Apple TV®) when you return home. Photo Stream is built into the photo apps on all iOS devices, iPhoto® on Macs, and saved to the Pictures folder on a PC. To save space, the last 1,000 photos are stored on each device so they can be viewed or moved to an album to save forever. Macs and PCs cloud for 30 days, which is plenty of time to connect your devices to iCloud and automatically download the latest photos from Photo Stream via Wi-Fi.

will store all photos from the Photo Stream, since they have more storage. iCloud will store each photo in the

iTunes® in the Cloud lets you download your previously purchased iTunes music to all your iOS devices at no additional cost, and new music purchases can be downloaded automatically to all your devices. In addition, music not purchased from iTunes can gain the same benefits by using iTunes Match, a service that replaces

your music with a 256 kbps AAC DRM-free version if we can match it to the over 18 million songs in the iTunes Store®, it makes the matched music available in minutes (instead of weeks to upload your entire music library), annual fee. Apple today is releasing a free beta version of iTunes in the Cloud, without iTunes Match, for supports this fall. and uploads only the small percentage of unmatched music. iTunes Match will be available this fall for a $24.99 iPhone, iPad and iPod touch users running iOS 4.3. iTunes in the Cloud will support all iPhones that iOS 5

Apple is ready to ramp iCloud in its three data centers, including the third recently completed in Maiden, NC. Apple has invested over $500 million in its Maiden data center to support the expected customer demand for the free iCloud services.

Pricing & Availability

The iCloud beta and Cloud Storage APIs are available immediately to iOS and Mac Developer Program members at

developer.apple.com. iCloud will be available this fall concurrent with iOS 5. Users can sign up for iCloud for free on

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an iPhone, iPad or iPod touch running iOS 5 or a Mac running Mac OS® X Lion with a valid Apple ID. iCloud includes do not count against the storage limit. iTunes Match will be available for $24.99 per year (US only).

5GB of free cloud storage for Mail, Document Storage and Backup. Purchased music, apps, books and Photo Stream

iTunes in the Cloud is available today in the US and requires iTunes 10.3 and iOS 4.3.3. Automatic download of 2007 is recommended for accessing contacts and calendars.

apps and books is available today. Using iCloud with a PC requires Windows Vista or Windows 7; Outlook 2010 or

Apple designs Macs, the best personal computers in the world, along with OS X, iLife, iWork and professional

software. Apple leads the digital music revolution with its iPods and iTunes online store. Apple has reinvented the future of mobile media and computing devices. Press Contacts: Trudy Muller Apple

mobile phone with its revolutionary iPhone and App Store, and has recently introduced iPad 2 which is defining the

tmuller@apple.com (408) 862-7426 Tom Neumayr Apple tneumayr@apple.com (408) 974-1972

NOTE TO EDITORS: For additional information visit Apple’s PR website, or call Apple's Media Helpline at (408) 974-2042. Apple, the Apple logo, Mac, Mac OS, Macintosh, iCloud, iPhone, iPad, iPod touch, MobileMe, App Store, iBookstore, Pages, Numbers,

Keynote, Apple TV, iPhoto, iTunes and iTunes Store are trademarks of Apple. Other company and product names may be trademarks of their respective owners.

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EXHIBIT D

http://tess2.uspto.gov/bin/showfield?f=doc&state=4004:3nqhjb.2.6

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United States Patent and Trademark Office

Filed 06/09/11 Page 2 of 3

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Word Mark Goods and Services

ICLOUD IC 038. US 100 101 104. G & S: Telecommunications; telecommunication access services; communications by computer; communication between computers; delivery of digital music by telecommunications; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; delivery of messages by electronic transmission; delivery of digital music by telecommunications; electronic mail services; streaming of video content via a global computer network; electronic transmission of audio and video files via communications networks; information, advisory and consultancy services relating to all the aforesaid

Standard Characters Claimed Mark Drawing Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Attorney of Record Priority Date Prior Registrations Type of Mark

(4) STANDARD CHARACTER MARK 85335801 June 1, 2011 1B;44D 1B;44D (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014 Thomas R. La Perle December 7, 2010 3744821 SERVICE MARK

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Register Live/Dead Indicator PRINCIPAL LIVE

Filed 06/09/11 Page 3 of 3

|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY

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EXHIBIT E

http://tmview.europa.eu/tmview/details.html?id=010011484&itemIndex=1&totalResults=2&page=0&p...

Case 2:11-cv-01158-DGC Document 1-5
Result 1 Of 2 Trade mark Trade Mark Office: Trade Mark Name: Application Number: Registration Office Code: Kind of IPR: Application Date: Registration Number: Registration Date: Nice Classification: Vienna Classification: Kind Mark: International Mark Key: Mark Feature: Mark Colour Claimed: Acquired Distinctiveness: Mark Current Status Code: Mark Current Status Date: Expiry Date: Application Language Code: Second Language: Graphic Representation en it false Application examination 2011-05-31 Word Individual 2011-05-31

Filed 06/09/11 Page 2 of 11

Office for Harmonization in the Internal Market (Trade Marks and Designs) ICLOUD 010011484 EM

9, 16, 25, 28, 35, 37, 38, 39, 40, 41, 42, 45

No graphical representation for trademark: 010011484. List of goods and services

EN Class Number: 9 Computers, computer peripheral devices, computer terminals; computer hardware; computer gaming machines, microprocessors, memory boards, monitors, displays, keyboards, cables, modems, printers, disk drives, adapters, adapter cards, connectors and drivers; blank computer storage media; magnetic data carriers; computer software; computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, and electronic publications; computer software and firmware,

Goods Services Description:

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List of goods and services EN

Filed 06/09/11 Page 3 of 11

namely, operating system programs, data synchronization programs, and application development tool programs for personal and handheld computers; computer hardware and software for providing integrated telephone communication with computerized global information networks; pre-recorded computer programs for personal information management, database management software, character recognition software, telephony management software, electronic mail and messaging software, paging software, mobile telephone software; database synchronization software, computer programs for accessing, browsing and searching online databases, computer software for the redirection of messages, Internet email, and/or other data to one or more electronic handheld devices from a data store on or associated with a personal computer or a server; computer software for the synchronization of data between a remote station or device and a fixed or remote station or device; downloadable electronic publications in the nature of books, plays, pamphlets, brochures, newsletters, journals, magazines, and periodicals on a wide range of topics of general interest; handheld digital electronic devices and software related thereto; MP3 and other digital format audio players; hand held computers, tablet computers, personal digital assistants, electronic organizers, electronic notepads; mobile digital electronic devices, global positioning system (GPS) devices, telephones; handheld and mobile digital electronic devices for the sending and receiving of telephone calls, faxes, electronic mail, and other digital data; cordless telephones; mobile telephones; parts and accessories for mobile telephones; facsimile machines, answering machines, cameras, videophones, telephone-based information retrieval software and hardware; electronic handheld units for the wireless receipt, storage and/or transmission of data and messages, and electronic devices that enable the user to keep track of or manage personal information; electronic communication equipment and instruments; telecommunications apparatus and instruments; fonts, typefaces, type designs and symbols in the form of recorded data; chips, discs and tapes bearing or for recording computer programs and software; random access memory, read only memory; solid state memory apparatus; computer and electronic games; user manuals in electronically readable, machine readable or computer readable form for use with, and sold as a unit with, all the aforementioned goods; apparatus for data storage; hard drives; miniature hard disk drive storage units; audio video discs, CD-ROMs, and digital versatile discs; mouse pads; batteries; rechargeable batteries; chargers; chargers for electric batteries; headphones; stereo headphones; in-ear headphones; stereo speakers; audio speakers; audio speakers for home; monitor speakers; speakers for computers; personal stereo speaker apparatus; radio receivers, amplifiers, sound recording and reproducing apparatus, electric phonographs, record players, high fidelity stereo apparatus, tape recorders and reproducing apparatus, loudspeakers, multiple speaker units, microphones; digital audio and video devices; audio cassette recorders and players, video cassette recorders and players, compact disc players, digital versatile disc recorders and players, digital audio tape recorders and players; digital music and/or video players; radios; video cameras; audio, video, and digital mixers; radio transmitters; car audio apparatus; computer equipment for use with all of the aforesaid goods; electronic apparatus with multimedia functions for use with all of the aforesaid goods; electronic apparatus with interactive functions for use with all of the aforesaid goods; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods; parts and fittings for all the aforesaid goods; covers, bags and cases adapted or shaped to contain all of the aforesaid goods, made of leather, imitations of leather, cloth, or textile materials. Class Number: 16

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List of goods and services EN

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Goods Services Description:

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; stickers; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); advertising materials; printers' type; printing blocks; printed publications; periodicals; books; magazines; newsletters; brochures; booklets; pamphlets; manuals; journals; leaflets; greeting cards; advertising and promotional material; catalogues relating to computer software; computer brochures; computer handbooks; computer hardware publications; computer hardware reference manuals; computer hardware users guide; computer instruction manuals; computer manuals; publications relating to technology, digital technology and gadgets; catalogues relating to musical apparatus and instruments; music books; music instruction manuals; music magazines; excluding adhesives, adhesive tape and sheets. 25 Clothing, footwear, headgear. 28 Toys; games and playthings; playing cards; electronic hand-held game units; musical toys, games and playthings; toy audio apparatus; toy musical boxes; toy musical instruments; toy record players for playing tunes and cassettes; musical games; battery operated toys; electronic toys; electric computer games, other than those adapted for use with television receivers; electrical and electronic amusement apparatus (automatic, coin/counter freed); electronic games being automatic, coinfreed or counter-freed (other than those adapted for use with television receivers); hand-held electronic games and apparatus (other than those adapted for use with television receiver only); video games other than those adapted for use with television receivers only; automatic and coinoperated amusement machines; computer game apparatus other than coin operated or those adapted for use with television receivers; video output toys and games; electronically operated toys; interactive computer toys and games; musical toys and games; stand alone video game machines incorporating a means of display; toy handheld electronic devices; toy computers (not working); toy mobile telephones (not working); parts and fittings for all the aforesaid goods. 35 Business management; business administration; business consulting services; providing office functions; advertising agency services; advertising, marketing, and promotion services; advertising and marketing consultation; sales promotion services; promoting the goods and services of others; conducting market research; analysis of advertising response and market research; design, creation, preparation, production, and dissemination of advertisements and advertising material for others; media planning services; administration of consumer loyalty programs; arranging and conducting incentive rewards programs to promote the sale of goods and services; computerized database and file management; data processing services; computerized data storage and retrieval services; computerized data storage and retrieval services for text, data, image, audio, video, and multimedia content; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others; searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; organizing content of information provided over a global computer network and other electronic and communications networks according to user preferences; providing an online searchable database of text, data, image, audio, video, and multimedia content; providing business and Thursday, June 09, 2011 15:49:22 PM

Class Number: Goods Services Description: Class Number:

Goods Services Description:

Class Number:

Goods Services Description:

http://tmview.europa.eu/tmview/details.html?id=010011484&itemIndex=1&totalResults=2&page=0&p...

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List of goods and services EN

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commercial information over computer networks and global communication networks; business services, namely, providing computer databases regarding the purchase and sale of a wide variety of products and services of others; business services, namely, dissemination of advertising for others via computer networks and global communication networks; compilations of directories for publishing on the Internet and other electronic, computer and communications networks; retail store and online retail store services; retail store services provided via the Internet and other computer, electronic and communications networks; retail store services in the field of books, magazines, periodicals, newsletters, journals and other publications on a wide range of topics of general interest, provided via the Internet and other computer, electronic and communications networks; retail store services in the field of entertainment featuring movies, television programs, sporting events, musical works, and audio and audiovisual works, via the Internet and other computer, electronic and communications networks; retail store services featuring computer, electronic and entertainment products, telecommunications apparatus, mobile phones, handheld mobile digital electronic devices, and other consumer electronics, computer software, and accessories, peripherals, and carrying cases for such products, via the Internet and other computer, electronic and communications networks; product demonstrations provided in-store and via global communications networks and other electronic and communications networks; subscription services, namely, providing subscriptions to text, data, image, audio, video, and multimedia content, provided via the Internet and other electronic and communications networks; downloadable pre-recorded text, data, image, audio, video, and multimedia content for a fee or pre-paid subscription, provided via the Internet and other electronic and communications networks; arranging and conducting of commercial, trade and business conferences, shows, and exhibitions; information, advisory and consultancy services relating to all the aforesaid. Class Number: Goods Services Description: Class Number: 37 Repair and installation services; maintenance, installation and repair of computer hardware, computer peripherals and consumer electronic devices; consulting services in the field of maintenance of computer hardware, computer peripherals, and consumer electronic devices. 38 Telecommunications; communication and telecommunication services; telecommunication access services; communications by computer; communication between computers; electronic sending of data and documentation via the Internet or other databases; supply of data and news by electronic transmission; providing telecommunication access to websites and electronic news services online allowing the download of information and data; providing telecommunication access to web sites on the Internet; delivery of digital music by telecommunications; providing wireless telecommunications via electronic communications networks; wireless digital messaging, paging services, and electronic mail services, including services that enable a user to send and/or receive messages through a wireless data network; one-way and two-way paging services; communication by computer, computer intercommunication; telex, telegram and telephone services; broadcasting or transmission of radio and television programs; time sharing services for communication apparatus; provision of telecommunications access and links to computer databases and the Internet; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; webcasting services (transmission); delivery of messages by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; provision of Thursday, June 09, 2011 15:49:22 PM

Goods Services Description:

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telecommunications connections to electronic communication networks, for transmission or reception of audio, video or multimedia content; providing telecommunication access to digital music web sites on the Internet; providing telecommunication access to MP3 web sites on the Internet; delivery of digital music by telecommunications; provision of telecommunications connections to the Internet or computer databases; electronic mail services; telecommunication of information (including web pages); video broadcasting, broadcasting pre-recorded videos featuring music and entertainment, television programs, motion pictures, news, sports, games, cultural events, and entertainment-related programs of all kinds, via a global computer network; streaming of video content via a global computer network; subscription audio broadcasting via a global computer network; audio broadcasting; audio broadcasting of spoken word, music, concerts, and radio programs, broadcasting pre-recorded videos featuring music and entertainment, television programs, motion pictures, news, sports, games, cultural events, and entertainment-related programs of all kinds, via computer and other communications networks; streaming of audio content via a global computer network; electronic transmission of audio and video files via communications networks; communication services, namely, matching users for the transfer of music, video and audio recordings via communication networks; providing on-line bulletin boards for the transmission of messages among computer users concerning entertainment, music, concerts, videos, radio, television, film, news, sports, games and cultural events; rental and hire of communication apparatus and electronic mail-boxes; electronic news services; electronic communications consultancy; facsimile, message collection and transmission services; transmission of data and of information by electronic means, computer, cable, radio, teleprinter, teleletter, electronic mail, telecopier, television, microwave, laser beam, communications satellite or electronic communication means; transmission of data by audio -visual apparatus controlled by data processing apparatus or computers; information, advisory and consultancy services relating to all the aforesaid; provision of telecommunication access time to web-sites featuring multimedia materials; providing telecommunication access to databases and directories via communications networks for obtaining data in the fields of music, video, film, books, television, games and sports; providing users with telecommunication access time to electronic communications networks with means of identifying, locating, grouping, distributing, and managing data and links to third-party computer servers, computer processors and computer users. Class Number: Goods Services Description: Class Number: 39 Electronic storage of data, text, images, audio, and video; storage services for archiving electronic data; information and consultation in connection therewith. 40 Treatment of materials, namely, developing of photographic film; electronic recording of photographic and digital images; enlarging of photographic prints; photographic film developing; photographic film printing; photographic and digital image processing, printing, and reproduction; transfer of photographs and digital images onto discs or other electronic media; on-line processing, developing and delivery of digital images; online printing of digital images onto photographic paper, photographic books or merchandise; advisory and consultancy services relating to all the aforesaid; printing. 41 Educational and entertainment services; sporting and cultural activities; computer-based and computer-assisted educational, teaching, and training services; digital imaging services; entertainment and educational services,

Goods Services Description:

Class Number: Goods Services Description:

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namely, providing text, video, audio, and multimedia materials; entertainment services, namely, providing computer games; entertainment and educational services, namely, providing electronic books, magazines, newspapers, journals, periodicals, and other publications; entertainment and educational services, namely, providing information, databases, directories, and podcasts in the fields of entertainment, advertising, news, current events, history, sports, games, the media, cultural events and activities, hobbies, publications, technology, and other topics; entertainment and educational services, namely, live performances, sporting events, cultural events, and lectures; entertainment and education services, namely, organizing and conducting exhibitions, displays, exhibits, workshops, seminars, training, and conferences; information, advisory and consultancy services relating to all the aforesaid. Class Number: 42 Application service provider (ASP) services featuring computer software; application service provider (ASP) services featuring software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, and electronic publications; scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer hardware and software consulting services; rental of computer hardware and software apparatus and equipment; multimedia and audiovisual software consulting services; computer programming; support and consultation services for developing computer systems, databases and applications; graphic design for the compilation of web pages on the Internet; information relating to computer hardware or software provided on-line from a global computer network or the Internet; creating and maintaining web-sites; hosting the web-sites of others; providing search engines for obtaining data via communications networks; application service provider (ASP) services featuring software for use in connection with online music subscription service, software that enables users to play and program music and entertainment-related audio, video, text and multimedia content, and software featuring musical sound recordings, entertainment-related audio, video, text and multimedia content; providing temporary internet access to use on-line non-downloadable software to enable users to program audio, video, text and other multimedia content, including music, concerts, videos, radio, television, news, sports, games, cultural events, and entertainment-related programs; providing search engines for obtaining data on a global computer network; information, advisory and consultancy services relating to all the aforesaid; operating search engines; computer consulting and support services for scanning information into computer discs; creating indexes of online information, sites and other resources available on global computer networks for others; providing user access to the Internet (service providers); online social networking services; providing a social networking website. 45 Online social networking services; providing a social networking website.

Goods Services Description:

Class Number: Goods Services Description:

Description of the mark No entry for application number: 010011484.

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Owner Name: ID No: Legal Nature: Address: Post code: Town: Country: Apple Inc. 839 legal entity 1 Infinite Loop 95014-2084 Cupertino, US

Apple Inc. 1 Infinite LoopCupertino, Correspondence California address: 950142084ESTADOS UNIDOS (DE AMÉRICA) Telephone: Fax: Email: 00 14089745998 00 14082530186

Representative Name: ID No: Address: Post code: TownTown: Town: Country code: GB EDWARDS ANGELL PALMER & DODGE UK Correspondence LLP Dashwood69 Old address: Broad StreetLondon EC2M 1QSREINO UNIDO Telephone: Fax: Email: 00 44-2075834055 00 44-2077163700 uktrademark@eapdlaw.com EDWARDS ANGELL PALMER & DODGE UK LLP 41701 Dashwood, 69 Old Broad Street EC2M 1QS London

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Case 2:11-cv-01158-DGC Document 1-5
Correspondence address No entry for application number: 010011484. Seniority No entry for application number: 010011484. Exhibition priority No entry for application number: 010011484.

Filed 06/09/11 Page 9 of 11

Priority Priority Country JM Code: Priority 057024 Number: Priority Date: 201012-07

Publication No entry for application number: 010011484. Opposition No entry for application number: 010011484. Recordals No entry for application number: 010011484.

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Case 2:11-cv-01158-DGC Document 1-5
Cancellation No entry for application number: 010011484. Appeals No entry for application number: 010011484. Renewals No entry for application number: 010011484.

Filed 06/09/11 Page 10 of 11

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OJS 44 (Rev. 12/07)

Case 2:11-cv-01158-DGC Document 1-6

Filed CIVIL COVER SHEET 06/09/11 Page 1 of 1

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS I Cloud Communications, LLC (b) County of Residence of First Listed Plaintiff

DEFENDANTS

Apple, Inc.
Maricopa
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorney’s (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Robert J. Itri/Charles E. Runyan, Gallagher & Kennedy, P.A., 2575 E. Camelback Road, Phoenix, AZ 85016 602.530.8000 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
’ 1
U.S. Government Plaintiff

’ 3 Federal Question (U.S. Government Not a Party) ’ 4 Diversity
(Indicate Citizenship of Parties in Item III)

(For Diversity Cases Only) PTF Citizen of This State ’ 1

DEF ’ 1

and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

’ 2

U.S. Government Defendant

Citizen of Another State

’ 2 ’ 3

’ ’

2

’ 5 ’ 6

’ 5 ’ 6

Citizen or Subject of a Foreign Country

3

IV. NATURE OF SUIT
CONTRACT

(Place an “X” in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY ’ 362 Personal Injury Med. Malpractice ’ 365 Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS ’ 510 Motions to Vacate Sentence Habeas Corpus: ’ 530 General ’ 535 Death Penalty ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

’ ’ ’ ’ ’ ’ ’ ’ ’

’ ’ ’ ’ ’ ’ ’

’ 610 Agriculture ’ 620 Other Food & Drug ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 630 Liquor Laws ’ 640 R.R. & Truck ’ 650 Airline Regs. ’ 660 Occupational Safety/Health ’ 690 Other LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Mgmt. Relations ’ 730 Labor/Mgmt.Reporting & Disclosure Act ’ 740 Railway Labor Act ’ 790 Other Labor Litigation ’ 791 Empl. Ret. Inc. Security Act
IMMIGRATION ’ 462 Naturalization Application ’ 463 Habeas Corpus Alien Detainee ’ 465 Other Immigration Actions

’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157
PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 840 Trademark

’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609

’ ’ ’ ’ ’

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
’ 1 Original Proceeding

(Place an “X” in One Box Only)

Appeal to District Appellate Court

’ 2 Removed from
State Court

’ 3 Remanded from

’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict another district Reopened Litigation (specify)

’ 7 Judge from Magistrate
Judgment

15 USC Section 1051-1127 VI. CAUSE OF ACTION Brief description of cause: False designation of origin and unfair competition; trademark infringement; injury to business reputation CHECK YES only if demanded in complaint: DEMAND $ ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 ’ Yes ’ No JURY DEMAND: COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

06/09/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/Robert J. Itri

APPLYING IFP

JUDGE

MAG. JUDGE

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