iCloud Communications changes name, drops suit against Apple

The trademark suit brought by iCloud Communications against Apple's iCloud has been dropped, according to court records unearthed this week. The company has not publicly commented on the decision to drop its lawsuit, but Apple's legal team has apparently done a bit of muscle-flexing, as iCloud Communications appears to have a new name: PhoenixSoft/Clear Digital Communications.

iCloud Communications sued Apple following the 2011 Worldwide Developers Conference where the company announced its new iCloud storage and syncing service to replace MobileMe. As part of its suit, the Arizona-based company argued that its name and trademarks had been in use since 2005—not only does it provide VoIP solutions for business and residential customers, it also offers other cloud-based services for its clients. In addition to having spent more than $550,000 building up its data center and telecommunications hub in Phoenix, iCloud Communications claimed to spend "tens of thousands of dollars" annually in advertisements using its own iCloud logos.

There was just one twist to iCloud Communications' lawsuit: it never registered "iCloud" as a trademark with the US Patent and Trademark Office (USPTO). The company that actually owns the iCloud trademark? Apple.

Three months later, iCloud Communications has thrown in the towel by filing for voluntary dismissal of its case. The one-page document is concise and to-the-point: the company asked for dismissal with prejudice, meaning it cannot refile the suit. The more interesting development, however, is the company's name—iCloud Communications' Facebook page shows an update in August saying, "iCloud is now Clear Digital Communications," and the profile's photo shows a sign that reads "PhoenixSoft" above the company's old name.

A phone call to PhoenixSoft by the Phoenix NewTimes was answered with "iCloud Communications"—a "bad habit," said the person who answered the phone when questioned about the name. Further, iCloud Communications' old domain, geticloud.com, no longer has a website associated with it, indicating the company is changing things around as a result of pressure from Apple and its upper hand with the USPTO. PhoenixSoft's lawyer Bob Itri declined to comment on the case.