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Birchills.net is New Name For Cloudnet 10/03/11

  
  
  
  
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Birchills Telecom is our new name. We chose it to represent our location and the dynamic spirit of the area.

Just how did this happen?

We started to getting a higher Google spot than a company called "The Cloud Networks Ltd" who promptly began legal action claiming ownership of the word "Cloud".

The conversations went like this:-

“We have instructions to enforce the trademark on the word “Cloud” as far as we are able and we have unlimited funds to pursue that enforcement”, Barrister for The Cloud Networks Ltd 03/02/2011 in phone conference

“This is crazy – we sell telephone systems – you sell wifi – the two are completely different – there can be no confusion.” David Hill – Chairman Cloudnet Telecommunications Ltd– same conference

“Our trademark on the word Cloud is wide ranging and we may choose to sell phone systems in the future. You would then impinge on our business. Simply change your name away from the word Cloud.” Barrister

“There are thousands of businesses out there who use the word Cloud in their title – you can't be intending enforcement against all those companies. ” David

“Most companies we talk to understand our case and simply change their name.” Barrister

The “simply change your name” phrase is disingenuous – it is not simple or cheap to do. It means rebranding everything and changing everything. It means causing everyone considerable disruption.

The Cloud Networks were seeking a High Court Injunction at an early date to stop Cloudnet “passing ourselves” off as a wifi supplier – a nonsense. As they know the costs of defending such an action are beyond the scope of a relatively small company such as Cloudnet.

Cloudnet does not have unlimited funds or an unlimited desire to fight The Cloud Networks Ltd or its' new owners BSkyB. We had never heard of Cloud Networks Ltd when we set up the company in 2009. However when faced with “unlimited funds” we have little option but to act pragmatically and do as demanded. Accordingly  we have changed our name to Birchills Telecom Ltd and the website has moved to www.birchills.net

Our new brand is dynamic and fresh giving strength to the brand values of freedom, control and simplicity which we embrace. It allows us to build on the success of the past without the worry that someone else will claim our brand.

We hope that you will enjoy the refreshed web site and brand values, whilst continuing to enjoy the value that we bring to telecoms.

David Hill

9/03/2011

Comments

I have just signed up to your system (I am a Solicitor) and I think this is a scandalous abuse of the trademark laws. I checked the TM registry and there are (as you say) literally hundreds of registered trademarms including the word "cloud" in the telecommunications category. It sounds like you have taken legal advice and acknowledge it will cost too much to fight (I don't suppose you have legel expenses insurance anywhere which would cover this?) It's a shame you have to change the name. "Cloud" computing is the buzzword at the moment so I expect people are defending whatever they can. Good luck with the new name.
Posted @ Thursday, March 10, 2011 7:25 AM by Richard Williams
Cloudnet was a great name. I would have thought something like realworld, brightnet or hillnet would have been better than birchills net. Something easy to remember and type. Just my opinion but even phone-net.com is possible with £500.
Posted @ Thursday, March 10, 2011 8:59 AM by Richard Price
I used to have a small convenience store named "Quicksave". Kwiksave foodstores sent me a letter of legal proceedings and I did nothing. Nothing was ever done. Sometimes you shouldnt cave in to the big companies then again it soetimes causes small businesses unneccesary stress for nothing.
Posted @ Thursday, March 10, 2011 9:16 AM by Fred Smith
Perhaps you should have changed it to Kloudnet :-)
Posted @ Thursday, March 10, 2011 9:23 AM by Mel Philips
Thanks for your suggestions we did think long and hard about the name. We decided to go with Birchills due to our location.
Posted @ Friday, March 11, 2011 10:58 AM by Birchills Telecom
Hi, 
 
We had this for our main company Suretec - http://www.suretecsystems.com 
 
We re-branded in 2008 and our new logo had a swirly S on the top right. We got sold a US companies logo/icon and started to sue our graphic design company. They told the US company and didn't get into trouble but we got a cease and desist order. Would have cost too much to go after graphic company. 
 
Our next door neighbours were also 3MS Networks and 3M sued them. These guys have whole departments for this type of thing. Not worth it. 
 
You did the right thing, although I loved the old brand. Much more modern! 
 
Gavin.
Posted @ Tuesday, March 15, 2011 4:50 PM by Gavin Henry
We had exactly the same thing. We had a limited company legally registered in 2005. In 2009 we were told that our company name consisted of one word that appeared in another food company's brand name and that we were infringing on their intellectual property! The word "Case" appeared in our limited company name and in their brand name. We were forced to change our company name!
Posted @ Tuesday, March 15, 2011 5:23 PM by Steve Howell
Simply rediculous! We are going through a similar thing and it is frustrating and distracting. 
 
Lawyers for big companies constantly exceed their brief and are arrogant. 
 
I would love to see this challenged, but as you say... not worth taking wages away from your brilliant staff!
Posted @ Thursday, March 17, 2011 7:00 AM by Charlie Wheeler
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