Google sues me for using the word “droid” in my company name Orpheusdroid • Hacker News Board

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

#101

Post by Someone » Sat, Oct 10, 2020, 12:44 PM UTC

Ma8ee wrote: post #65

magicalhippo wrote: post #36

Earlier quoted context omitted.

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.

Entering the music distribution business was round four between Apple Corps and Apple Computer. First case was way easier, in 1978 (https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer)

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

#102

Post by junon » Sat, Oct 10, 2020, 12:47 PM UTC

0xFF0123 wrote: post #71

junon wrote: post #42

Earlier quoted context omitted.

IIRC this is already the case.

Apple is trademarked https://trademarks.justia.com/761/16/apple-76116541.html

Ah okay I'm looking it up and it appears that the company must demonstrate that the word has a distinct association with their brand.

Man, IP law is such grey area... no wonder there are constant disputes and abuses.

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

#103

Post by praptak » Sat, Oct 10, 2020, 12:53 PM UTC

megous wrote: post #64

praptak wrote: post #22

Earlier quoted context omitted.

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…

It's not mutually exclusive. I prefer to have both anticounterfeit schemes and protection from someone selling "SánDisk" or "Sandúsk" drives trying to get me to buy something different than I think I'm buying. This is especially true in markets where I'm not a very knowledgeable consumer.

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

#104

Post by bostonpete » Sat, Oct 10, 2020, 12:58 PM UTC

Ma8ee wrote: post #65

magicalhippo wrote: post #36

Earlier quoted context omitted.

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.

If that's the reason, it seems strange that they kept off of Google Play for just as long

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

#105

Post by peanut_worm » Sat, Oct 10, 2020, 12:59 PM UTC

Surprised Lucas Films doesn't try to collect on all the apps the use the word 'droid'

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

#106

Post by simonkafan » Sat, Oct 10, 2020, 1:16 PM UTC

Not the same story but related: Microsoft had to rebrand his online storage SkyDrive to OneDrive once because the television broadcaster "Sky" won a trademark lawsuit in UK.

Can anyone tell me how this is possible? Why am I not allowed to use the word "sky" in any product name completely unrelated to TV?

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

#107

Post by mannykannot » Sat, Oct 10, 2020, 1:16 PM UTC

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.

While it may not be surprising that Google is taking this action, the claim that the author is being disingenuous seems unfair. As far as I can tell, Google itself is making the word "droid" a key element of its objection [1] (the author did not name his company OrpheusAndroid), so issues raised by its meaning, origin and usage are in scope (they may also be moot if Google has or licenses "droid" itself as a trademark.)

[1] "As I guessed, on last day of the time period to object, there comes a mail from Trade Mark Registry of a opposition from Google claiming that I infringe the word "droid" and its similar to 'Android" for which they own trademark. The entire opposition notice was flooded with word droid."

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

#108

Post by [deleted] » Sat, Oct 10, 2020, 1:19 PM UTC

Normille wrote: post #58

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.

>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…

[deleted]

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

#109

Post by jzwinck » Sat, Oct 10, 2020, 1:21 PM UTC

simonkafan wrote: post #106

Not the same story but related: Microsoft had to rebrand his online storage SkyDrive to OneDrive once because the television broadcaster "Sky" won a trademark lawsuit in UK. Can anyone tell me how this is possible? Why am I not allowed to use the word "sky" in any product name completely unrelated to TV?

Sky is also an internet service provider. Not as far removed as TV really, and SkyDrive is hardly unrelated to internet service.

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

#110

Post by [deleted] » Sat, Oct 10, 2020, 1:24 PM UTC

simonkafan wrote: post #106

Not the same story but related: Microsoft had to rebrand his online storage SkyDrive to OneDrive once because the television broadcaster "Sky" won a trademark lawsuit in UK. Can anyone tell me how this is possible? Why am I not allowed to use the word "sky" in any product name completely unrelated to TV?

[deleted]