Google sued for 'stealing' Android name

LinuxMint-4 · Post by **LinuxMint-4** » Fri May 01, 2009 5:36 pm

Google sued for 'stealing' Android name

http://www.theregister.co.uk/2009/05/01 ... trademark/

By Rik Myslewski in San Francisco • Get more from this author

Posted in Mobile, 1st May 2009 19:22 GMT

Google and 47 other international corporations have been sued in a US District Court for trademark infringement over their use of the word "Android."

To Google, Android is the name of its open-source, Linux-based operating system for phones and mobile devices that it introduced in November of 2007.

To Erich Specht, a software developer and internet applications service provider in the Village of Palatine, Illinois, Android is part of the name of his company, Android Data, for which he was granted a trademark in October of 2002 by the US Patent and Trademark Office (USPTO).

Google applied for a trademark for Android in October of 2007, but had that application denied in February of 2008.

The USPTO's reasoning for the denial was simple: Since both Google and Specht were involved in the development of software and related services, "consumers are likely to conclude that the goods are related and originate from a single source."

Google countered in August, claiming that the trademark Android Data hadn't been used for over three years, that the company has been dissolved for over four years, and that there couldn't be any confusion between the two names.

However, the USPTO said its decision was final.

Not to be deterred, Google tried again in November, asking that the trademark be suspended until further clarification of its use could be determined. The USPTO granted that suspension.

And now Specht, by filing his lawsuit this Tuesday, has removed all doubt that he wants to keep Android his and his alone.

Specht is not being shy. In addition to Google, the defendants cited in his 71-page filing include the Open Handset Alliance, China Mobile, Sprint Nextel, T-Mobile, Vodafone, ARM, Broadcom, Intel, Nvidia, Texas Instruments, Motorola, Samsung, Toshiba, and Wind River - among others.