Google And Others Sued Over ‘Android’ For Trademark Infringement

imageAn Illinois software developer is suing Google (NSDQ: GOOG) and 47 other international corporations for using the word “Android” to describe its open-source mobile operating system. In the lawsuit, Erich Specht is claiming “it is clear that Google stole first and asked questions later.”

He says the name infringes on his company’s name, Android Data, for which he was granted a trademark in October of 2002 by the US Patent and Trademark Office. The Register reports that he is seeking millions — in fact, $2 million for “each use of the trademarked term by each defendant.”

Apparently, Google left itself open to the legal problems after it applied for a trademark for Android in October of 2007 and was denied. Since then, it has filed objections and asked the Trademark office to suspend the trademark until further clarification of its use could be determined. The office has granted the suspension, according to The Register. The Trademark Office originally denied Google’s applications because “consumers are likely to conclude that the goods are related and originate from a single source.” But in Google’s rebuttal, the Register reported that Google said that the “Android Data” trademark hadn’t been used for more than three years, that the company has been dissolved for more than four years, and that there couldn’t be any confusion between the two names.

Despite the suspension, that didn’t stop Specht from filing a lawsuit on Tuesday. In addition to Google being named, he cited 47 other companies, including the Open Handset Alliance, China Mobile, Sprint (NYSE: S) Nextel, T-Mobile, Vodafone (NYSE: VOD), ARM, Broadcom, Intel (NSDQ: INTC), Nvidia, Texas Instruments, Motorola (NYSE: MOT), Samsung, Toshiba, and Wind River.


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