Slashdot Mirror
Google & Others Sued Over Android Trademark
suraj.sun tips news that Google and 47 other companies are being sued over use of the "Android" name. Eric Specht of Android Data alleges that Google "stole first and asked questions later." According to The Register, "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.'" Reader ruphus13 points out related news that Motorola is planning several Android-based phones for later this year.
from TFA: "the trademark Android Data hadn't been used for over three years, that the company has been dissolved for over four years"
The company might be dead on paper, but the trademark is marked 'Live' at USPTO. Both Android trademarks have been filled under same service category, that really means 'collision' from the Office point of view.
Copy&paste from register reveals same or similar business.
Word Mark
ANDROID DATA
Goods and Services IC 009. US 021 023 026 036 038. G & S:
Computer e-commerce software to allow users to perform electronic business transactions via a global computer network. FIRST USE: 19990101. FIRST USE IN COMMERCE: 19990101
Word Mark
ANDROID
Goods and Services IC 009. US 021 023 026 036 038. G & S:
mobile phones; operating system software; software for use in developing, executing, and running other software on mobile devices, computers, computer networks, and global communication networks; computer software development tools; computer software for use in transmitting and receiving data over computer networks and global communication networks; computer software for managing communications and data exchange among and between mobile devices and desktop computers; computer middleware, namely, software that mediates between the operating system of a mobile device and the application software of a mobile device; computer application software for mobile phones
There are a number of real businesses named "Cyberdyne Systems." Good luck to any of them trying to enforce a trademark on the name.
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
And more than just a couple of generations. To quote Wikipedia, "The term was first mentioned by St. Albertus Magnus in 1270 and was popularized by the French writer Villiers in his 1886 novel L'Ève future, although the term "android" appears in US patents as early as 1863 in reference to miniature humanlike toy automations."
I have got to say that was the first time I have ever heard of St. Albertus Magnus. Turns out he was one of Thomas Aquinas's teachers and was one of the first Europeans to isolate Arsenic.
I reserve the write to mangle english.
I recently took a college class that discussed various issues of software patents and software trademarks. Based on what I learned in my class it seems really unlikely that "Android Data" will win the lawsuit. Not only does Google have virtually unlimited resources, but the term "Android" is a generic one. It is important to note that when trademarking software a trademark is applied to a type of product. What I mean by that is Ford Motors has a trade mark on the term "Mercury" for their car. However this does not prevent the Rhode Island newspaper from using the name. (Someone please feel free to electorate on what I have said :) )
Yes, and read down a little further: "the trademark Android Data hadn't been used for over three years, that the company has been dissolved for over four years".
Furthermore, "Android" by itself shouldn't enjoy trademark protection, since it's a common word. "Google Android", "Android Data", "Android Mobile Phone" might enjoy trademark protection--separately from each other.
Apple Corps v. Apple Computer
No, "andros" specifically means "male."
"Anthropos" means "human."
The suffix -oid means "like, or similar to". Ergo, an an android is like, or similar to, a man. That opens the possibility of having an anthropoid, which is like, or similar to, a human. Of course, we could then postulate an androgynoid, which would be like, or similar to, a she-male. Or maybe a hermaphrodite.
But that's a different story.
The higher the technology, the sharper that two-edged sword.