Icloud v Apple - Azd

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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: [email protected] [email protected] 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.

No. COMPLAINT

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

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.

Case 2:11-cv-01158-DGC Document 1 Filed 06/09/11 of 16

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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, on-demand 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.


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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:

10. 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


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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

media and on its website, www.apple.com, and through the use of the domain name

icloud.com.

24. 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. However,

due to the worldwide media coverage given to and generated by Apple's announcement of

its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple,

the media and the general public have quickly come to associate the mark “iCloud” with

Apple, rather than iCloud Communications.

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

for its cloud computing telecommunications and data services, Apple was aware of or

was willfully blind to iCloud Communications’ use of and rights in the iCloud Marks.


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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 in-

house 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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Irreparable Harm Suffered by iCloud Communications

35. 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)

39. 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. Apple’s acts have been willful.

43. 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



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



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



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


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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


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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


Case 2:11-cv-01158-DGC Document 1-1 Filed 06/09/11 Page 1 of 14

EXHIBIT B


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Friday, June 03, 2011 12:18:35 PM


Home > Testimonials

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Friday, June 03, 2011 12:19:46 PM


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Friday, June 03, 2011 12:19:46 PM


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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 [email protected] Customer Support ::: For assistance with your iCloud service, please contact customer support at:

[email protected].

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 residential customer needs to communicate in one, cost-effective package.

To get started with our business or residential service plan, call us at 1-800-621-7371, or +1-602-788-6100, or click here.

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

http://www.geticloud.com/ Go FEB MAR DEC

9

2006 2007 2008 14 captures 9 Mar 07 - 4 May 09

Close

Help

http://web.archive.org/web/20070309192822/http://www.geticloud.com/

Friday, June 03, 2011 11:55:21 AM


EXHIBIT C


Apple Store Mac iPod iPhone iPad 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 wirelessly store your content in iCloud and automatically and wirelessly push it to all your devices. When anything changes on one of your devices, all of your devices are wirelessly updated almost instantly.

“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 account is hosted at me.com. Your inbox and mailboxes are kept up-to-date across all your iOS devices and computers.

The App Store™ and iBookstore℠ now download purchased iOS apps and books to all your devices, not just the device they were purchased on. In addition, the App Store and iBookstore now let you see your purchase history, and simply tapping the iCloud icon will download any apps and books to any iOS device (up to 10 devices) at no additional cost.

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 (photos and videos), device settings and app data. If you replace your iOS device, just enter your Apple ID and password during setup and iCloud restores your new device.

iCloud Storage seamlessly stores all documents created using iCloud Storage APIs, and automatically pushes them to all your devices. When you change a document on any device, iCloud automatically pushes the changes to all your devices. Apple’s Pages®, Numbers® and Keynote® apps already take advantage of iCloud Storage. 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 count towards this 5GB total. Users will be able to buy even more storage, with details announced when iCloud ships this fall.

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

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), and uploads only the small percentage of unmatched music. iTunes Match will be available this fall for a $24.99 annual fee. Apple today is releasing a free beta version of iTunes in the Cloud, without iTunes Match, for iPhone, iPad and iPod touch users running iOS 4.3. iTunes in the Cloud will support all iPhones that iOS 5 supports this fall.

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

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

Wednesday, June 08, 2011 9:02:54 AM


an iPhone, iPad or iPod touch running iOS 5 or a Mac running Mac OS® X Lion with a valid Apple ID. iCloud includes 5GB of free cloud storage for Mail, Document Storage and Backup. Purchased music, apps, books and Photo Stream do not count against the storage limit. iTunes Match will be available for $24.99 per year (US only).

iTunes in the Cloud is available today in the US and requires iTunes 10.3 and iOS 4.3.3. Automatic download of apps and books is available today. Using iCloud with a PC requires Windows Vista or Windows 7; Outlook 2010 or 2007 is recommended for accessing contacts and calendars.

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 mobile phone with its revolutionary iPhone and App Store, and has recently introduced iPad 2 which is defining the future of mobile media and computing devices.

Press Contacts: Trudy Muller Apple [email protected] (408) 862-7426

Tom Neumayr Apple [email protected] (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.

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



EXHIBIT D


Please logout when you are done to release system resources allocated for you.

( Use the "Back" button of the Internet Browser to return to TESS)

United States Patent and Trademark Office

Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help

Trademarks > Trademark Electronic Search System (TESS)

TESS was last updated on Wed Jun 8 04:07:52 EDT 2011

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Start List At: OR Jump to record: Record 6 out of 13

Word Mark ICLOUD

Goods and Services

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

(4) STANDARD CHARACTER MARK

Serial Number 85335801

Filing Date June 1, 2011

Current Filing Basis 1B;44D

Original Filing Basis 1B;44D

Owner (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014

Attorney of Record Thomas R. La Perle

Priority Date December 7, 2010

Prior Registrations 3744821

Type of Mark SERVICE MARK

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



EXHIBIT E


Result 1 Of 2

Trade mark

Trade Mark Office: Office for Harmonization in the Internal Market (Trade Marks and Designs)

Trade Mark Name: ICLOUD

Application Number: 010011484

Registration Office Code: EM

Kind of IPR:

Application Date: 2011-05-31

Registration Number:

Registration Date:

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

Vienna Classification:

Kind Mark: Individual

International Mark Key:

Mark Feature: Word

Mark Colour Claimed:

Acquired Distinctiveness: false

Mark Current Status Code: Application examination

Mark Current Status Date: 2011-05-31

Expiry Date:

Application Language Code: en

Second Language: it

Graphic Representation

No graphical representation for trademark: 010011484.

List of goods and services

EN

Class Number: 9

Goods Services Description:

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,

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

Thursday, June 09, 2011 15:49:22 PM



EN

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 e-mail, 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





EN


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.

Class Number: 25

Goods Services Description: Clothing, footwear, headgear.

Class Number: 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, coin-freed 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 coin-operated 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.

Class Number: 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





EN

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: 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.

Class Number: 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





EN

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: 39

Goods Services Description:Electronic storage of data, text, images, audio, and video; storage services for archiving electronic data; information and consultation in connection therewith.

Class Number: 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; on-line printing of digital images onto photographic paper, photographic books or merchandise; advisory and consultancy services relating to all the aforesaid; printing.

Class Number: 41

Goods Services Description: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,





EN

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 audio-visual 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.

Class Number: 45

Goods Services Description: Online social networking services; providing a social networking website.

Description of the mark

No entry for application number: 010011484.




Owner

Name: Apple Inc.

ID No: 839

Legal Nature: legal entity

Address: 1 Infinite Loop

Post code: 95014-2084

Town: Cupertino,

Country: US

Correspondence address:

Apple Inc. 1 Infinite LoopCupertino, California 95014-2084ESTADOS UNIDOS (DE AMÉRICA)

Telephone: 00 1-4089745998

Fax: 00 1-4082530186

Email:

Representative

Name: EDWARDS ANGELL PALMER & DODGE UK LLP

ID No: 41701

Address: Dashwood, 69 Old Broad Street

Post code: EC2M 1QS

TownTown: London

Town:

Country code: GB

Correspondence address:

EDWARDS ANGELL PALMER & DODGE UK LLP Dashwood69 Old Broad StreetLondon EC2M 1QSREINO UNIDO

Telephone: 00 44-2075834055

Fax: 00 44-2077163700

Email: [email protected]




Correspondence address


Seniority


Exhibition priority


Priority

Priority Country Code:

JM

Priority Number: 057024

Priority Date:

2010-12-07

Publication


Opposition


Recordals





Cancellation


Appeals


Renewals





OJS 44 (Rev. 12/07) CIVIL COVER SHEETThe 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 providedby 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 initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

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

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 610 Agriculture ’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust’ 130 Miller Act ’ 315 Airplane Product Med. Malpractice ’ 625 Drug Related Seizure 28 USC 157 ’ 430 Banks and Banking’ 140 Negotiable Instrument Liability ’ 365 Personal Injury - of Property 21 USC 881 ’ 450 Commerce’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation

& Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R.R. & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs. ’ 830 Patent Corrupt Organizations’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit

Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV (Excl. Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service

’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt.Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl. Ret. Inc. or Defendant) ’ 894 Energy Allocation Act’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty IMMIGRATION ’ 900Appeal of Fee Determination’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Under Equal Access

Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - to Justice’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee ’ 950 Constitutionality of

Other ’ 465 Other Immigration State Statutes’ 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DistrictJudge fromMagistrateJudgment

(Place an “X” in One Box Only)’ 1 Original

Proceeding’ 2 Removed from

State Court’ 3 Remanded from

Appellate Court’ 4 Reinstated or

Reopened’ 5 ’ 6 Multidistrict

Litigation’ 7

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Icloud v Apple - Azd

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