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Google sues me for using the word “droid” in my company name Orpheusdroid

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Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#61

Post by joepie91_ »

magicalhippo wrote: post #36
segfaultbuserr wrote: post #12

Earlier quoted context omitted.

Does simply using the word "Droid" for an Android-related project count as trademark infringement? Can the free software project "F-Droid" [0] (Android App Installer) be sued for trademark infringement? If it is, it's bad news... [0] https://en.wikipedia.org/wiki/F-Droid

From what I was told you can't use a similar name on a similar product or company, but if it's different enough it's ok. A friend had a few stores selling clothes with a name that was french for something I've forgotten. Then a large chain started selling and heavily marketing a perfume with the same name. My friend wanted to stop them using the name, but after a few rounds of lawyers he got nowhere because selling c…

> Also from what I've understood if you got a trademark, you have to defend it or else risk losing it. So while it often looks like a dick move, they're kinda forced.

This is false, but it's a myth that unfortunately just won't die. Genericide (which is what people usually mean with "losing a trademark") only applies if you are extremely negligent in defending a trademark.

See also: https://www.eff.org/deeplinks/2013/11/trademark-law-does-not...

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#62

Post by ummonk »

29athrowaway wrote: post #4

https://en.wikipedia.org/wiki/Microsoft_v._MikeRoweSoft

I mean Microsoft seems to be in the right there, given that he deliberately named it that to be a pun on the Microsoft name. He wouldn't have appended Soft to his name when choosing a domain if Microsoft didn't exist.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#63

Post by p49k »

MacsHeadroom wrote: post #37
cryptica wrote: post #23

Earlier quoted context omitted.

The words 'droid' and `android` existed long before Google existed so Google has no exclusive right to the use of this word. It seems that corporations don't know what to do anymore so they start suing small players. Clearly, they're desperate because their schemes are about to be exposed. Mega-corporations are the center of ethical and moral depravity so they should not be in position to sue anyone. They're the ones…

Apples predate civilization, yet Apple does have the exclusive privilege of using the word Apple in relation to computers and almost anything that touches a computer. So that's not a great argument. Google does not have a trademark on Droid, however. It doesn't actually matter though, because civil litigation is a war of attrition. They don't have to be right. They just have to have deeper pockets. If you think this…

Trademark law takes into consideration the similarity of names and Google certainly has a trademark on “Android.” Although you’re correct that Google can use their might to force any outcome, it’s not accurate to imply that Google has no legitimate claim here.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#64

Post by megous »

praptak wrote: post #22
stingraycharles wrote: post #20

Earlier quoted context omitted.

Isn’t a trademark only valid in a single market, eg consumer electronics vs entertainment?

The general spirit is to protect consumers from confusion by competing companies, which is good. It only becomes a problem when the hypothetical consumer becomes doormat dumb and half blind. I think that Firefox should have kept the name Phoenix, nobody would get confused by that.

General spirit is to protect company profits.

For example, I'm much better served by Sandisk having a tamper-proof verification codes on their uSD cards that I can lookup on their official website and verify the card being genuine. I don't remember the last time I bought non-genuine Sandisk card from random sellers on Aliexpress after they introduced this. Yet I have a bunch of Samsung ones from China (probably fakes), and half of those are already dead.

Both are trademarked. I wish more manufacturers put more effort to creating verification schemes for end-users, rather than to suing for trademark violations.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#65

Post by Ma8ee »

magicalhippo wrote: post #36
segfaultbuserr wrote: post #12

Earlier quoted context omitted.

Does simply using the word "Droid" for an Android-related project count as trademark infringement? Can the free software project "F-Droid" [0] (Android App Installer) be sued for trademark infringement? If it is, it's bad news... [0] https://en.wikipedia.org/wiki/F-Droid

From what I was told you can't use a similar name on a similar product or company, but if it's different enough it's ok. A friend had a few stores selling clothes with a name that was french for something I've forgotten. Then a large chain started selling and heavily marketing a perfume with the same name. My friend wanted to stop them using the name, but after a few rounds of lawyers he got nowhere because selling c…

The classical example is Apple that make computers, and Apple that was the Beatles’ music label. Everything was fine until Apple Computer wanted a bit of the distribute music cake and was promptly sued by Apple the music label. This is the reason it took so long before you could get Beatles music in the iTunes Store.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#67

Post by paulcole »

willmacdonald wrote: post #15

Apple would not let me register a developer account using my domain name macscan.net. Got a letter from their legal team. This was not for any product or app I was even thinking of making. This was purely: 'You cannot use that email address'.

Do you understand their argument — or do you just not agree with it?

If the latter, did you consider...

What do you with a developer account? Develop apps? What do apps need? A support email address? Would a support email address ending in macscan.net be confusing or misleading? Might the confusion be intentional or accidental? Why even risk dealing with this confusion in the future when you can prevent it right now?

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#68

Post by danielrpa »

segfaultbuserr wrote: post #12
mksreddy wrote: post #7

An android variant named xxxdroid and you wonder Google is coming after you for name? Also I feel author is disingenuous when he says used Droid in Orphesdroid references to automation.

Does simply using the word "Droid" for an Android-related project count as trademark infringement? Can the free software project "F-Droid" [0] (Android App Installer) be sued for trademark infringement? If it is, it's bad news... [0] https://en.wikipedia.org/wiki/F-Droid

In many, if not most, cases yes.

This isn't like the normal patent troll nonsense. This is to avoid confusion in the marketplace. Consumers expect a certain level of quality and assume a certain origin when seeing particular words in a product name or brand.

If someone sells an electric car under the "Teslan" brand, consumers could think it comes from Tesla - not only Tesla wouldn't be too happy, but the consumer could be in for a nasty surprise when they realize that the car doesn't meet the expectations they had for a Tesla car. Same for WhateverDroid and Google.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#69

Post by paulcole »

humanrebar wrote: post #14
WalterBright wrote: post #5

I would suggest changing trademark law so a trademark cannot be a single word found in the dictionary. I.e. one could trademark: Acme Editor but not: Editor

Hold my legal pad while I bribe some scientists and someone from the OED to define "microsoft" to be a species of insect.

But they don’t use the OED as their source dictionary and don’t tell you which dictionary they use. Looks like you’re going to have to bribe a lot of dictionary employees.

Re: Google sues me for using the word “droid” in my company name Orpheusdroid

#70

Post by garmaine »

nl wrote: post #50
bitwize wrote: post #27

That's ridiculous. Google shouldn't be suing you for that. Disney should. They own the trademark on the word "droid".

Google had an exclusive licence to in in that field.

No, they inherited a licence from Lucas (now Disney) that Motorola acquired.
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