"Android" May Cost Google Millions

[The_root_of_all_evil]

"Android" May Cost Google Millions

What would you say to a guy who's taking Google and 47 other international companies to task for over $2 million each?

The man in question is Erich Specht, and his suit revolves around the word "Android," which is the name for Google's open source OS that it released in 2007.

Back in 2002, the US Patent and Trademark Office (USPTO) granted Specht the trademark for his company, Android Data.

In October 2007, Google also tried to trademark the name "Android," but the USPTO turned them down, mainly because there still could be some confusion over the name, given that both companies make software.

In August 2008, Google came back again, citing that Android Data hadn't used the name for three years and the company was dissolved four years ago. USPTO said its decision was final: "Android" was still part of Android Design.

Google then asked for the trademark to be suspended until further clarification of its use could be determined. USPTO said that was fair, but Specht didn't agree. In his 71 page lawsuit, he not only indicts Google, but Texas Instruments, Nvidia, Motorola, Vodafone and 43 other companies.

But that's not all. In addition to $2 million from each of the companies involved in breaking trademark - for each breach - he also "requests" that all the companies be permanently blocked from using the Android name and that anything that carries the Android name be destroyed.

Now, while there's no way that the companies involved could pay that amount, an out-of-court settlement could be worth millions alone, and all Specht has to do is prove that Android Data is still functioning and is about to release a new product.

This may have been - Best. Trademark. Ever.

Source: The Register [http://www.theregister.co.uk/2009/05/01/google_android_trademark/]
(Image) [http://www.flickr.com/photos/dinora_lujan/2644203353/]

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[Eagle Est1986]

Jesus, that's pathetic, I hope they ruin him.

 

[thenumberthirteen]

But that's not all. In addition to $2 million from each of the companies involved in breaking trademark - for each breach - he also "requests" that all the companies be permanently blocked from using the Android name and that anything that carries the Android name be destroyed.

So people are going to come to my house and destroy anything with the word Android on it? I'd like to see them try against my Android army of doom.

 

[SilentHunter7]

So if the word Android is trademarked, how many anime companies are being sued?

 

[santaandy]

Why is it wrong for an individual to hold a trademark but not a corporation? If the situation were reversed, our greedy, evil corporate overlords would destroy all in their path. I hope he wins, because $2m is nothing to any of these companies anyway, and we shouldn't issue TMs over such generic words. Your own graphical design, sure, but not the word itself. That's just ridiculous, and part of what's wrong with Western business today anyway.

 

[Galaxy613]

So if the word Android is trademarked, how many anime companies are being sued?

I bet those are the 43 other companies.

 

[Frizzle]

Ha, anything with android destroyed? Okay. I'd like to see him buy all the phones that people have purchased, and will have to have destroyed. I know I wouldn't give my gear up freely.

Also, this is just going to drive more people to want to abolish the trademark system. This really is a rediculous lawsuit. Get a job, make your own money, die when you're old. Is it that hard?

 

[Jharry5]

Can he really claim complete trademark on something that's a widespread word like 'Android'?
I hope he doesn't get a penny...

 

[Gladion]

This is how to get rich. I love it.

 

[DeadRow]

This is both totally awesome and completely pathetic at the same time!

Dunno whether to bake him a cake or hope he gets nothing ^_^

 

[KDR_11k]

The trademark equivalent of a patent troll...

 

[Samurai Goomba]

I'm gonna patent the word "religion" so that every time the subject comes up on The Escapist, they have to pay me $1 (American) for each time somebody types the word.

I will make a fortune. That, or religious threads will cease to exist. That's what I call a win/win situation.

 

[UnSub]

Actually, this is Google naming a product before checking to see if the name is available. And being turned down several times, yet persisting.

He filed the name "Android Data" in 2002. It's in the same industry as Google, which now Google wants to use but is 5 years late to the party. All Google has to do is name Android something else that's available. I'm sure they've got the money to find another name or pay the original owner to use it.

If this were Microsoft doing it, people would be up in arms at the evil corporate trying to crush the small business guy. Google is using the same tactics - "he's not really using the name, so we can have it" - but is getting a free pass because people think Google can do no wrong.

 

[teh_gunslinger]

What amazes me is that some even can get a right to the word android. It's not like he (or Google) invented it. I mean, the word is derived from Greek. It should be free to use for anyone.
But I guess it's like the whole magenta embarrassment.

 

[Lima]

That is insane. He doesn't have to do much to prove Android Data is functioning.

 

[UnSub]

It's less the word "Android" and more the fact that "Android Data" can potentially be confused given that both he and Google operate in the same industry.

... unless Google is fine with someone opening Google Computing, because google is just a word and everyone should be able to use it.

 

[teh_gunslinger]

It's less the word "Android" and more the fact that "Android Data" can potentially be confused given that both he and Google operate in the same industry.

... unless Google is fine with someone opening Google Computing, because google is just a word and everyone should be able to use it.

While I see your point it's worth noting that google is not really a word. Or at least it wasn't. It's a misspelling of googol.

 

[mikecoulter]

He's got some balls of steel

But, I've never heard of his company, he's probably just insane...

 

[CUnk]

It's amazing to me how many people in this discussion don't get how trademarks work. He didn't trademark the word "android" and no, he can't go after everyone who uses the word. Sheesh. While he is obviously an opportunist I don't think he's abusing the system. And I doubt Google was unprepared for this given the trouble they had trademarking the name themselves.