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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

#121

Post by kwanbix »

ghaff wrote: post #112

I can sue you for more or less anything. And, especially if I'm a big company, I can make you waste a lot of time and money (even if you're also a big company). That's why, as someone who has been involved in a number of product naming decisions, my experience is that lawyers are very conservative in terms of what names they let you use even if, on paper, it seems like you have a good argument that your somewhat over…

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

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

#122

Post by gpm »

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/

Here you go https://tsdr.uspto.gov/#caseNumber=77580336&caseType=SERIAL_... (found via Wikipedia sources)

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

#123

Post by ghaff »

kwanbix wrote: post #121
ghaff wrote: post #112

I can sue you for more or less anything. And, especially if I'm a big company, I can make you waste a lot of time and money (even if you're also a big company). That's why, as someone who has been involved in a number of product naming decisions, my experience is that lawyers are very conservative in terms of what names they let you use even if, on paper, it seems like you have a good argument that your somewhat over…

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

I doubt that is universally true.

In the US, a court can award court costs and legal fees to the winning party but they're unlikely to do so unless the case is clearly frivolous and harassing. Which isn't unreasonable because otherwise individuals could basically never afford to take on the risk of suing a company because, were they to lose, they'd be on the hook for hundreds of thousands of dollars in legal fees.

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

#124

Post by yndoendo »

kwanbix wrote: post #121
ghaff wrote: post #112

I can sue you for more or less anything. And, especially if I'm a big company, I can make you waste a lot of time and money (even if you're also a big company). That's why, as someone who has been involved in a number of product naming decisions, my experience is that lawyers are very conservative in terms of what names they let you use even if, on paper, it seems like you have a good argument that your somewhat over…

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

This simple change in the USA legal system would benefit a lot of people. Prevent frivolous lawsuits. Allow the poor to sue when they do have a case but no money to fallow through. and help end SLAPP.

Just another example where the USA needs improvement and is not the best in the world.

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

#125

Post by KJLJon »

kwanbix wrote: post #121
ghaff wrote: post #112

I can sue you for more or less anything. And, especially if I'm a big company, I can make you waste a lot of time and money (even if you're also a big company). That's why, as someone who has been involved in a number of product naming decisions, my experience is that lawyers are very conservative in terms of what names they let you use even if, on paper, it seems like you have a good argument that your somewhat over…

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

I would assume if your a small firm, you will still worry about the risk of losing and needing to pay your lawyers.

In USA I thought you could counter sue for your lawyer fees if you win? Is that not true?

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

#126

Post by KJLJon »

KJLJon wrote: post #125
kwanbix wrote: post #121

Earlier quoted context omitted.

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

I would assume if your a small firm, you will still worry about the risk of losing and needing to pay your lawyers. In USA I thought you could counter sue for your lawyer fees if you win? Is that not true?

@ghaff response answered my question.

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

#127

Post by ghaff »

KJLJon wrote: post #125
kwanbix wrote: post #121

Earlier quoted context omitted.

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

I would assume if your a small firm, you will still worry about the risk of losing and needing to pay your lawyers. In USA I thought you could counter sue for your lawyer fees if you win? Is that not true?

My understanding is that you can. (Again, you can sue for anything.) But if the original suit was more or less a reasonable dispute, you generally won't win--and now you'll be out even more money.

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

#129

Post by ghaff »

yndoendo wrote: post #124
kwanbix wrote: post #121

Earlier quoted context omitted.

That is because in USA you pay your lawyers. In other countries, if you loose, you have to pay the lawyers of the other part.

This simple change in the USA legal system would benefit a lot of people. Prevent frivolous lawsuits. Allow the poor to sue when they do have a case but no money to fallow through. and help end SLAPP. Just another example where the USA needs improvement and is not the best in the world.

>Allow the poor to sue when they do have a case but no money to fallow through.

The issue is that lawsuits are often not obvious. There's almost always a non-trivial risk of losing. Therefore, in a universal "loser pays" system, it's even riskier for a poor (or even middle-class) person to sue a company given that they could be responsible for bankruptcy-level legal fees if they lose.

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

#130

Post by preommr »

ghaff wrote: post #129
yndoendo wrote: post #124

Earlier quoted context omitted.

This simple change in the USA legal system would benefit a lot of people. Prevent frivolous lawsuits. Allow the poor to sue when they do have a case but no money to fallow through. and help end SLAPP. Just another example where the USA needs improvement and is not the best in the world.

>Allow the poor to sue when they do have a case but no money to fallow through. The issue is that lawsuits are often not obvious. There's almost always a non-trivial risk of losing. Therefore, in a universal "loser pays" system, it's even riskier for a poor (or even middle-class) person to sue a company given that they could be responsible for bankruptcy-level legal fees if they lose.

> bankruptcy-level legal fees

Which is a risk worth taking if someone is suing for the right reasons and it's a once in a decade matter of major importance. That or they're fairly sure they'll win the case.

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