14 DAY TRIAL // Mountain View-based software giant Google has won a legal battle over the Android trademark, the name of the increasingly popular mobile operating system the company launched on shelves about two years ago.
The Android trademark suit was filed back in April 2009, and a judge granted Google’s Motion for Summary Judgment to throw out the case.
A trademark for the Android name, actually for the ANDROID DATA name, was filed with the USPTO in June 2000, and was grated in October 2002 to Erich Specht, who had a company called Android Data running from 1998 through 2002.
In 2002, the company's clients stopped licensing the software, and Android Data was shut down, as Specht abandoned the Android Data mark.
Reportedly, as soon as the Android operating system started to show signs of starting to become successful, Erich Specht put up a website meant to prove that he was still using the mark.
Then, he filed the trademark lawsuit for the Android name, asking a payout of $94 million from Google, Android Inc, and the Open Handset Alliance.
However, great news emerged for Android fans, as not only did the judge tossed out the suit, but also canceled Specht’s original trademark, saying that it might result in confusion with Google’s mark, and starting from the fact that Specht tried to use it to hit Google.
Here are some excerpts from the decision:
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). Those interested in learning more on the judge's decision should head to this article on techcrunch. According to the news site, Google had to say the following on the matter: “We are pleased to see this case dismissed, as it was baseless from the start.