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May 3rd, 2009

The Android name kerfluffle

Posted by Dana Blankenhorn @ 6:41 am

Categories: General, Google, Legal, mass market

Tags: Google Inc., Phone, Google Obviously, Microsoft Windows Vista (Longhorn), Telecom & Utilities, Operating Systems, Microsoft Windows, Software, Dana Blankenhorn

The media is absolutely filled with “oh noes” stories concerning Google, and its partners in the Open Handset Alliance, being sued by Erich Specht of Palatine, Ill over its use of the word Android to describe its mobile phones.

I, on the other hand, have gone to the Urban Dictionary and decided to call this a kerfluffle. It fits under all three definitions offered.

Don’t try to fud Specht’s “company,” Android Data, using Google. It does not have a Web site. Which leads some to call Mr. Specht a trademark troll.

Techdirt asks the obvious question. Is Google, or anyone else, really using the Android name to do business? Yes and no.

Yes, Android has a logo, and in phones it has a meaning, but no, none of the manufacturers making “Android” phones has yet used the word in their ads, and Google has no plans to make phones.

Android in this case is a code name, like Microsoft Longhorn (now Windows Vista), that got out of hand and was released into the wild. (That’s why I found an old Longhorn logo from Wikimedia and pasted it at the top of this post.)

Still, Google’s trademark application on the word Android was rejected in February, 2008, with the trademark folks citing Specht’s mark, and after appeals failed the trademark application was suspended last November.

This means Google, and its partners, have had over 6 months to negotiate with Mr. Specht and have not come to an agreement.

So this is just a question of cash, not cachet. Mr. Specht wants $100 million for a name he never really used. Google obviously thinks that is too much, since they’re not really planning on using it.

What figure would be appropriate?

Dana BlankenhornDana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983. You can follow Dana on Twitter. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 40 Talkback(s)
if ICANN can revoke a URL from a homesteader, the trademark office should
do the same.

if after all these years there is no bonafide business operating with the name, it should revert to public domain.

happy
.

... (Read the rest)
Posted by: wessonjoe Posted on: 05/06/09 You are currently: a Guest | | Terms of Use
A letter of apology  urbandk | 05/03/09
RE: The Android name kerfluffle  zithero@... | 05/03/09
I don't understand your point.  msalzberg | 05/03/09
Trademarks require bona fide 'intent to use' or actual use  BorisKarloff | 05/03/09
They have not used it  DanaBlankenhornZDNet Moderator | 05/03/09
"in commerce"  BorisKarloff | 05/03/09
re They have not used it ...........  goldenpirate@... | 05/05/09
no copyright  BorisKarloff | 05/05/09
The Hemroid name kerfluffle  cuvtixo@... | 05/03/09
The Hemroid name kerfluffle  cuvtixo@... | 05/03/09
The Hemroid name kerfluffle  cuvtixo@... | 05/03/09
Deleted duplicate.  kozmcrae | 05/03/09
Google acquired Android Inc. in 2005  linuser | 05/03/09
Yes it is  DanaBlankenhornZDNet Moderator | 05/03/09
re: Google acquired Android Inc. in 2005  goldenpirate@... | 05/05/09
RE: The Android name kerfluffle  bhaktuksn | 05/03/09
The name "Android" may have come from "Android, Inc."  linuser | 05/03/09
$1.00 is too much to pay for a name.  kozmcrae | 05/03/09
leave out the extra "L"  BorisKarloff | 05/03/09
Precisely  DanaBlankenhornZDNet Moderator | 05/03/09
fair enough  BorisKarloff | 05/03/09
1/3rd less..?  Wolfie2K3 | 05/03/09
Change the name to....  storm14k | 05/04/09
Hostess ? might have a problem with that.  kozmcrae | 05/04/09
A Three Dollar Bill  Californian | 05/03/09
What abuse?  BorisKarloff | 05/03/09
RE:abuse  RShea78 | 05/04/09
"common words"  BorisKarloff | 05/05/09
And nor did Google ..................  goldenpirate@... | 05/05/09
deleted  BorisKarloff | 05/03/09
You have to be able to demonstrate selling something to get a copyright  stevey_d | 05/04/09
I mean trademark  stevey_d | 05/04/09
The marketplace knows these phones as GooglePhones in any case  stevey_d | 05/04/09
The appropriate amount  frgough | 05/04/09
Exactly!  BorisKarloff | 05/04/09
re: The appropriate amount .............  goldenpirate@... | 05/05/09
ur wrong  BorisKarloff | 05/05/09
The phones should obviously be called  mhenriday | 05/04/09
deleted  BorisKarloff | 05/05/09
if ICANN can revoke a URL from a homesteader, the trademark office should  wessonjoe | 05/06/09

What do you think?

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