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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

#91

Post by EdwardDiego »

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…

Yep, in my rather brief experience (limited to NZ and WIPO stuff) you register trademarks in classes you're engaged in business in (and not having a current business in a given class is grounds to not grant or revoke a granted trademark, to avoid squatting.)

The classes WIPO uses are here: https://www.wipo.int/classifications/nice/nclpub/en/fr/?expl...

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

#93

Post by epr »

jackcviers3 wrote: post #78
xmprt wrote: post #38

Earlier quoted context omitted.

Trademarks are about customer protection more than protecting the company. If another company starts selling "Android" phones that have a completely different OS, that ruins the Android brand but also makes it difficult for customers to trust that the product they're buying is legitimate unless the Android trademark is defended.

Using this the next time an objectivist capitalist starts getting angry about how government regulations are all worthless.

Why? trademarks are not incompatible with capitalism

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

#94

Post by Normille »

addicted wrote: post #79
Normille wrote: post #58

Earlier quoted context omitted.

>Trademarks are one of the few pieces of IP that seem to make sense to me... Up to a point. It's when people are able to trademark single everyday words that it becomes farcical. I sell designs on several print-on-demand sites and occasionally dip into related forums, etc. As well as the obvious take-downs for people flagrantly violating other's intellectual property, it's fairly common for people to have their desig…

People aren’t able to “trademark single everyday words”. In fact, if a name becomes a simple everyday word the trademark can actually be lost. Thats the reason Google used to discourage people from saying Google it because they were worried they would lose the trademark to the name. What one can do is apply for a trademark to a common word to be used in a specific well defined context where it’s clear it’s applying t…

Either that's not correct, or the lawyers employed by these companies don't know the law because I [and other people] have definitely had designs rejected by POD sites for "trademark violation" when there was obviously no intent to "pass off" [which is what trade-marking is meant to prevent].

Someone just happened to have used a trademarked word in a design or its title or description.

I suggest you have a trawl through that reddit link I posted above and read a few of the threads where people have posted examples of this happening to them.

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

#95

Post by eecc »

jackcviers3 wrote: post #78
xmprt wrote: post #38

Earlier quoted context omitted.

Trademarks are about customer protection more than protecting the company. If another company starts selling "Android" phones that have a completely different OS, that ruins the Android brand but also makes it difficult for customers to trust that the product they're buying is legitimate unless the Android trademark is defended.

Using this the next time an objectivist capitalist starts getting angry about how government regulations are all worthless.

They might argue it’s up to the incumbent to protect its brand, crushing the competition and holding the market under a tight stranglehold. Like the Romans: Ubi solitudinem faciunt, pacem appellant.

Oh, wait... ;)

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

#96

Post by EdwardDiego »

tim44 wrote: post #57
nl wrote: post #48

Earlier quoted context omitted.

Why? Trademarks are one of the few pieces of IP that seem to make sense to me. They protect consumers by letting the consumer trust a trademark is what they think it is, they aren't overly broad and they aren't automatic.

If the product isn't directly competing, that is insane to call a common word or phrase intellectual property. Before you know it somebody will try to trademark taco tuesday.

Trademarks only apply within classes of goods and services you're a) in business in and b) have registered them in and c) in the countries you've filed applications in.

And there are multiple live trademarks of Taco Tuesday in the US: http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4803%3Ai...

In fact, in the field of Restaurant Services, two existing usages dating back to 1979 exist - one held by Taco John's everywhere except New Jersey[1] and one held by a hotel only in NJ[2].

And it looks like they're having a court case to see who truly owns Taco Tuesday®.

But none of those Taco Tuesday trademarks would prevent you from selling an app called Taco Tuesday that has nothing to do with food. Or start a clothing brand called Taco Tuesday. Etc. etc.

[1]: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:iid...

[2]: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:iid...

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

#97

Post by wodenokoto »

coolspot wrote: post #26
wodenokoto wrote: post #19

Earlier quoted context omitted.

A license was acquired for the Motorola Droid use of the word "Droid" from Lucas Arts, so I would guess that the answer is yes.

I can’t find current trademark “droid” in the USPTO database: http://tmsearch.uspto.gov/

I vaguely remembered there being something to it, and to remind myself I didn’t dig deeper than Wikipedia: https://en.wikipedia.org/wiki/Motorola_Droid

"The brand name Droid is a trademark of Lucasfilm licensed to Verizon Wireless."

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

#99

Post by smichel17 »

Aeolun wrote: post #81
danielrpa wrote: post #68

Earlier quoted context omitted.

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 cou…

You cannot reasonably believe that Orpheusdroid and Android are the same thing. Tesla and teslan are a bad equivalent. Tesla and Orpheusla is closer. Just because they end the same way it’s not the same thing.

Or, Teslan vs Un-droid

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

#100

Post by danielrpa »

Aeolun wrote: post #81
danielrpa wrote: post #68

Earlier quoted context omitted.

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 cou…

You cannot reasonably believe that Orpheusdroid and Android are the same thing. Tesla and teslan are a bad equivalent. Tesla and Orpheusla is closer. Just because they end the same way it’s not the same thing.

I disagree. Do you think of "Tesla" when you read "Orpheusla"? Now compare Android with Orpheusdroid.
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