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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

#171

Post by apricot »

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.

The USA is optimized by and for the rich, not the poor.

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

#174

Post by rndgermandude »

danielrpa wrote: post #100
Aeolun wrote: post #81

Earlier quoted context omitted.

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.

"think of" is not the same as "confused with".

Is there a chance that somebody will think of a "airpod" when they hear "tide pod"? Sure

Is there a chance that a reasonable person will insert a tide pod into their ear because they confused the name with "airpod". No

Is there a chance that a reasonable person will by accident buy "tide pods" instead of "airpods"? Only if they act negligent

I'd argue that a reasonable person is extremely unlikely to confuse "Google Android" with "Orpheusdroid" or "F-Droid" or "hydroid" for that matter

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

#175

Post by Ensorceled »

danielrpa wrote: post #100
Aeolun wrote: post #81

Earlier quoted context omitted.

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.

I am certainly not confused in either case. I know for certain that they are 4 different companies.

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

#176

Post by teddyh »

Normille wrote: post #94
addicted wrote: post #79

Earlier quoted context omitted.

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 thro…

> or the lawyers employed by these companies don't know the law

Oh, they do know the law. But they’re betting that you don’t.

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

#177

Post by joecool1029 »

dnh44 wrote: post #154
ghaff wrote: post #129

Earlier quoted context omitted.

>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.

In the UK lawyers have insurance to cover them in case they lose. This encourages them to take pro-bono cases when there is a decent chance of winning.

>This encourages them to take pro-bono cases

It was my understanding that pro-bono is under rate or free services, correct me if I'm wrong. I think the terminology you're looking for is 'contingent', where the client only pays a % fee to attorney if they manage to generate a judgement. In this case, does the UK insurance kick in to pay a fee to lawyer if they lose the case?

I'm talking about civil cases here, not criminal.

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

#178

Post by Fogest »

dnh44 wrote: post #154
ghaff wrote: post #129

Earlier quoted context omitted.

>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.

In the UK lawyers have insurance to cover them in case they lose. This encourages them to take pro-bono cases when there is a decent chance of winning.

That sounds like a pretty neat system. I assume lawyers can't take on a bunch of obvious shitty cases just to get the insurance money right? I assume the insurance companies would raise premiums or stop insuring them if the lawyer is losing a lot?

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

#179

Post by justinclift »

paulcole wrote: post #67
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?

> Would a support email address ending in macscan.net be confusing ... ?

No. Not in any way.

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

#180

Post by justinclift »

Aeolun wrote: post #83
mikro2nd wrote: post #66

Earlier quoted context omitted.

That ship sailed a long time ago. Please just leave it to die instead of trying to resurrect it any time Google fucks up.

It’s just that there was a time when it actually seemed to be true. We cannot let it go because something so promising was extinguished. I can see how it’s a bit annoying, but I can also see how people cannot keep but bring it up.

> It’s just that there was a time when it actually seemed to be true.

People have mentioned that before, but maybe it's more them just "wanting to believe" and being suckered due to it?

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