For those of you keeping tabs on Android when the G1 was the only droid you were looking for, and by “looking for” I mean the only choice you had, there was a man named Eric Specht. Mr. Specht ran a company named ‘Android Data’ between 1998 and 2002. Six years later, when Android was ready at the launch pad standing by to really take off, Specht decided his feelings were hurt and his trademarks were infringed upon.
Shortly there after he filed a lawsuit against Google, Android Inc., and the OHA; his demands were $94 million.
Last week, Google came out on top with a Summary Judgment that not only cleared Google of any wrong doing but canceled Specht’s trademark on the word “Android”:
Moving to Google’s Counterclaim, pursuant to the analysis above, Google is entitled to a declaratory judgment that Plaintiffs abandoned ANDROID DATA and the other Asserted Marks. Plaintiffs do not possess valid or enforceable rights to the marks. The Court grants Google summary judgment on Count III of its Counterclaim. In regard to Count I of the Counterclaim, a party that believes it may suffer harm because of a trademark that has been abandoned by its owner may move to have the registration cancelled. See 15 U.S.C. § 1064(3). Google became the senior user of the ANDROID mark when it began using it in commerce on November 5, 2007. Plaintiffs, however, resumed use of ANDROID DATA as the junior user after Google acquired its rights to ANDROID. Plaintiffs’ use in commerce of ANDROID DATA creates a possible likelihood of confusion with Google’s ANDROID mark pursuant to 15 U.S.C. § 1114(1)(a), as well as possible dilution by blurring of Google’s mark under 15 U.S.C. § 1125(c).
You’ll be able to read the full order over at Tech Crunch following the link below.
[via Tech Crunch]
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