Google Sued Over Android Brand

Status
Not open for further replies.

Platypus

Distinguished
Apr 22, 2009
151
0
18,630
0
"...only recently realized Android was a mobile OS and not a cell phone, which is why he's suddenly making such a fuss..."

More like he was waiting until Google had invested enough money into the project to guarantee this guy would get a payoff.

It is Google's own fault for putting themselves in this position. I think the phrase is "counting your chickens before they hatch."
 

hellwig

Distinguished
May 29, 2008
817
0
18,930
2
Google is really bad about this. They can't use GMail in Europe because it already belonged to a company there. Now they create a OS, already deployed to a bunch of devices, that they KNEW they couldn't trademark the name for. Stupid Google.

However, if the company that registered the trademark dissolved, this guy doesn't really have a good case for $94mil in damages. Someone may still own the trademark, but you can't really argue damage to a company that no longer exists. In the end, the "whiny crybaby" may get a couple mil out of the First National Bank of Google and call it a day.
 

mcbowler

Distinguished
Jan 2, 2007
18
0
18,560
0
A software developer that doesn't keep up with modern trends, Android Data Corporation sounds like a winner to me. Wait until Android is actually going to be mass produced and THEN complain... Brilliant. Why are there so many blatant frauds? Anyone want to start a pyramid scheme with me? My opinion.. Android Data Corp doesn't have a chance.
 

bill gates is your daddy

Distinguished
Apr 28, 2009
231
0
18,830
0
[citation][nom]mcbowler[/nom]A software developer that doesn't keep up with modern trends, Android Data Corporation sounds like a winner to me. Wait until Android is actually going to be mass produced and THEN complain... Brilliant. Why are there so many blatant frauds? Anyone want to start a pyramid scheme with me? My opinion.. Android Data Corp doesn't have a chance.[/citation]

Google continued with Android without owning the copyright to the name. How stupid is that? Makes about the same sense as this scenario;

Bill Gates : "Hey, this is a great little piece of software we have here and I love the name Windows for it. Did we get the copyright on the name? We didn't? Someone else already has it? We lost the appeal? Oh well, that doesn't matter. Go ahead and release a few $100 mil for R&D to get this thing started and hurry up and get it into production. We will worry about the copyright later on. What's the worst that can happen?"

I say whatever misery that Google has to go through with this is their own fault for being the arrogant assholes that they are. I personally think the guy is shooting low. At least half of that $94,000,000 will be wasted on lawyers. He should ask for a cool $250,000,000. F Google.
 

njalterio

Distinguished
Jan 14, 2008
153
0
18,630
0
This is retarded.

The word "android" has been around a long time before 2002, when this douchebag supposedly trademarked the word.

Check out the disambiguation page on wiki: http://en.wikipedia.org/wiki/Android_(disambiguation)

Looks like several people are using the word "Android" for profit. Why doesn't he sue them too? or maybe he's just looking to grab some money.

There should be a death penalty for initiating frivolous trademark/copyright lawsuits, this is getting out of hand.
 

tayb

Distinguished
Jan 22, 2009
663
0
18,930
0
You guys are fools if you think Google has any ground to stand on. They knew the name was patented BEFORE they began working on, were denied not once but twice, but went ahead forward with the name anyways. They might not end up paying the full $94 million but I'm sure they will settle and they WILL pay. There is no way they won't be paying.
 

michaelahess

Distinguished
Jan 30, 2006
286
0
18,930
0
Android is a dictionary word, it can be used for whatever advertising, naming, etc anyone wants to use it for. If it's melded with a phrase as in Android Data, that's different. A single word can't be copyrighted unless you are Microsoft :)
 

g-thor

Distinguished
Nov 7, 2008
118
0
18,630
0
If this guy wins over the use of the word "android" then I will start taking out copyrights on as many words in as many languages as I can, then find out which ones I can use for a flurry of ridiculous copyright lawsuits. Do you want to use the word "burrito"? It'll cost you. Is the word "incorporated" in your company name? $25 million, please.

How is it that us simple, ordinary folks can see how ridiculous this is getting, but the "wise, educated, experienced" judges and lawmakers can't?

Hmm, with all the bailouts going around, I think I'll copyright the word "bank".
 

ehenry818

Distinguished
Mar 18, 2009
12
0
18,560
0
Hmmm My first name starts with the letter E, I am gonna start a virtaul mail company that I shall call Emial...

Google has all this money why not get more creative with names?
Android sounds kinda stupid if you ask me. Why not anihalator or oogle, hmm I kinda like G-Droid...

And all you reading this better not try and steal my cool names or I will slap you silly bastards into last week...LOL J/K :p
 

garydale

Distinguished
Jan 15, 2008
16
0
18,560
0
Android Data Corporation is a company name while Google's Android is a platform or specification. While Specht may be able to prevent Google from registering a similar name as a trademark, I doubt that he can prevent them from using the word "Android". Moreover, for a suit to succeed, Specht would have to establish damages. Given that he wasn't using the name for five years, what damages did he incur?

I'd also like to see the decision that rejected Google's trademark application. Was it really because "Android" was already used, was it because Google was trying to trademark a name (such as Android Platform) that was too close to "Android Data Corp.", or was it because they were trademarking "Android", which would probably not be allowed since it is a common word? If a word comes into common use for something, you have difficulty keepin the trademark (think Kleenex or Xerox). There's a fine line between strong brand identification and losing the rights to a trademark.
 

tenor77

Distinguished
Jan 22, 2009
396
0
18,930
0
This sort of thing is getting too common.

Google should have known better so I don't hold much sympathy
but.......

Again here is someone sitting on an infringement too long, waiting for maximum damages. If they cared at all about protecting their identity or trademark this would have been filed the day this came out.

Can you really argue that he hadn't heard about Android until now?
 

geoffs

Distinguished
Oct 24, 2007
103
0
18,630
0
And just what did "Android Data" do and how/for what did they use the Android trademark?

If they didn't have a product that competed in the same market (Mobile device operating system) as Google's Android, or at least some type of operating system, then they have no valid claim. Trademarks and servicemarks are not like patents, they only apply within a defined marketplace. Outside of that marketplace, there may be other companies using the same trademark or servicemark.
 

geoffs

Distinguished
Oct 24, 2007
103
0
18,630
0
Google continued with Android without owning the copyright to the name.
You can't copyright a dictionary word, MS tried something like that with "Windows" and lost. They did trademark "Microsoft Windows".
 

geoffs

Distinguished
Oct 24, 2007
103
0
18,630
0
One clarification, if your trademarked name becomes so prevalent that it's basically a household word or it's become so thoroughly associated with your product, company, or brand, (e.g. Coca-Cola), then you may have a trademark that you can assert across any market. Since few if any of us have ever heard of the defunct "Android Data", that clearly does not apply in this case.
 

ricin

Distinguished
Jan 23, 2008
18
0
18,560
0
This guy will loose. Look at the OS-9 trademark debacle. There's a little company called Microware that has had an operating system called OS-9 for years before Apple came out with their OS9. When Microware sued Apple, the Judge ruled that nobody had ever heard of Microware's OS-9, so too fucking bad.
 
Status
Not open for further replies.
Thread starter Similar threads Forum Replies Date
F Streaming Video & TVs 4
TheEvilSkeleton Streaming Video & TVs 1
G Streaming Video & TVs 0
valentinalucia Streaming Video & TVs 2
CherlynnLow Streaming Video & TVs 1
Marshall Honorof Streaming Video & TVs 1
G Streaming Video & TVs 2
G Streaming Video & TVs 7
G Streaming Video & TVs 6
G Streaming Video & TVs 3
exfileme Streaming Video & TVs 13
NduPlessis Streaming Video & TVs 5
JMcEntegart Streaming Video & TVs 6
exfileme Streaming Video & TVs 4
NduPlessis Streaming Video & TVs 6
exfileme Streaming Video & TVs 2
exfileme Streaming Video & TVs 6
Z Streaming Video & TVs 16
Z Streaming Video & TVs 3
Z Streaming Video & TVs 11

ASK THE COMMUNITY