Just as Google’s Android is gaining some momentum, here’s some bad news that might affect its sales. A small Illinois-based software developer is claiming the Android trademark. Eric Specht, owner of Android Date owns the trademark for the word Android. Google tried to trademark Android from the U.S. Patent and Trademark Office, but was rejected.
Specht filed the federal lawsuit last week and tried to get an injunction out on all Android branded products, which includes T-Mobile’s G1 Android phone. He is also asking for $94 million in damages due to the trademark infringement.
Specht is not only suing Google but he also included the Open Handset Alliance, which includes Texas Instruments, Qualcomm, Samsung, China Mobile and Vodafone. Google and the OHA haven’t answered the complaint yet, but Google has issued the statement that it will stand up against this unmerited lawsuit.
The key in this lawsuit is how Android is being used. The PTO lists various trademarks that use Android. Specht’s case against Google gains some ground due to the fact that it is filed in the same classification that is for computer software and hardware.
The Google legal team pointed out that Android Data lost its claim on the trademark due to inactivity. They also showed that it was dissolved in May 2004, and failed to reregister its company web site as well. But even with this evidence, the PTO still rejected Google’s trademark application.
The injunction on the sales of Android-related products can hurt Google. The restraining order asks the courts to remove all the Android branded products from the shelves and repackage them in another name. This comes just when Android is gaining some ground, in a market dominated by Apple’s iPhone.
Specht’s Attorney, Martin Murphy, stated that the trademark is his, but that Google is using it as if they own it. As of this moment, neither Google or any dependents have responded to Murphy. Google does state that the trademark Android belongs to Google Inc.
Specht stated that he filed the lawsuit just now because he thought Google’s use of “Android” pertained only to mobile devices. But when he learned that it refers to the software as well, he acted right away.
The complainant’s lawyer is still waiting for some settlement to occur in the near future. Maybe it’s a case of David versus Goliath. No doubt Specht is out for the money, and maybe Google should just rebrand their product. “G1″ gets better recognition than “Android,” anyway.
Never saw this one coming did they ?
Interesting article … subscribed to your blog I’m curios to see what will happen.