The trademark-happy Marc Angell is at it again, filing applications this past week with the United States Patent and Trademark Office for goods and services nearly identical to other companies’ products.
The series of trademark filings include gCloud and CloudStream on June 7, and YouCloud on June 6. The timing comes in the same week of the Apple Worldwide Developer Conference where iCloud was officially announced.
Before you say to yourself, “What’s the big deal about the trademarks?”, you have to keep in mind that Marc Angell has a trackrecord of filing controversial trademarks like iPad which was suspended. The goods and services noted in the applications are not only similar in name, but in services.
Here’s a look at Marc Angell’s latest applications:
Word Mark YOUCLOUD
Goods and Services IC 041. US 100 101 107. G & S: Providing a website for entertainment purposes where users can view and post photos, videos, electronic media, movies, text, audio content, and related information featuring a wide variety of subjects
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85338606
Filing Date June 6, 2011
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) MARC ANGELL INDIVIDUAL UNITED STATES PO BOX 1482 VENTURA CALIFORNIA 93002
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Word Mark CLOUDSTREAM
Goods and Services IC 038. US 100 101 104. G & S: Streaming of audio, video and multimedia material on the Internet. FIRST USE: 20110601. FIRST USE IN COMMERCE: 20110607
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85339736
Filing Date June 7, 2011
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) MARC ANGELL INDIVIDUAL UNITED STATES PO BOX 1482 VENTURA CALIFORNIA 93002
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Word Mark GCLOUD
Goods and Services IC 038. US 100 101 104. G & S: Streaming of audio, video and multimedia material on the Internet. FIRST USE: 20110601. FIRST USE IN COMMERCE: 20110606
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85339775
Filing Date June 7, 2011
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) MARC ANGELL INDIVIDUAL UNITED STATES PO BOX 1482 VENTURA CALIFORNIA 93002
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
And if you’re wondering whether Marc owns the matching domain names, the short answer is “No”.
4 replies on “Marc Angell at it again, files trademarks for gCloud, CloudStream, YouCloud”
He should trademark IClown
[…] the keyword “icloud”. News of Apple’s iCloud has even prompted people to file new trademark applications for words lik gCloud, YouCloud, and […]
I created the iPad as a heat resistant case for a product we were developing with one of my previous companies many years before Apple came up with the idea for the name. We’ve sold many of these iPads over the years but let the filing lapse. That fact has little bearing on First Use in Commerce, which I have over Apple. Apple is claiming First Use based on purchasing Fujitsu’s Class 9 electronic device. You don’t necessarily need to file first to prove you own the mark. If I had no claim, the PTO would have canceled my application a long time ago.
As for gTunes, my current business, Global Radio Network, which owns the longest running syndicated music radio network in the world, Music of Your Life, brands many things with a “g”, standing for Global. Apple is not the only company to have ever come up with the idea of using a letter in front of various G&S. Here’s the part you should be focused on…does Apple really own every letter of the alphabet in front of the word “Tunes”? How can this be when a single letter can change the entire meaning of many words.
Additionally, I run a radio network. Our music has been hosted on our cloud server for many years. The cloud business is not new and once again, Apple is late to the branding party. In fact they needed to purchase iCloud from the original creator of the mark. We’ve been referring to our 24-hour music service as CloudStream for years and our servers have been called gCloud for even longer. Many people come up with the same trademarks, but only a few actually file on them. If we trademarked every idea we currently use in market, we’d need a full time IP lawyer. Do your homework, there are many variations of every one of these marks you’ve made note of. Mine are actually used in commerce. –Marc Angell
This one with spell checker and sig…thanks
Additionally, this article quotes the lawyer, Morris Turek, who’s an idiot. He made assumptions based on simply reading trademark filings, never called me or checked into the facts. Blueberry was a project my company was working on using the RIM SDK well before Turek was out of diapers.
Then he makes the following ignorant statement: “but his application went abandoned in 2006 for failure to prove to the Trademark Office that he was actually using the IPAD mark in commerce”. Not true, the mark was not abandoned for failure to prove its use, it was abandoned simply because I missed a deadline. However, if Turek actually knows trademark law he would realize you don’t need to be first to file to own a mark. You need to be first in commerce, which I am for my class of goods. The “Suspended” status was given to my marks because the PTO is investigating other iPad marks that collide with mine and allegedly Apple, which was never first in the marketplace with the mark. This allows me to continue using the mark, which I have been for many years. If I had no right to use the mark, the PTO would have cancelled my application.
Really, Turek? To coin your phrase, “I actually laughed to see that you call yourself “a skilled, reliable, and dedicated attorney”. I wrote to him, but like any slimy lawyer, he just ignored the chance for a rebuttal. Tune into my radio show on our St. Louis radio station affiliate this weekend..I think I’ll dedicate my show to lawyer jokes. –Marc Angell