Is Google’s Android just a clone?
Google and the other members of the Open Handset Alliance are being sued for $100 million for trademark infringement by a small Illinois-based company called Android Data Corp. Will Google give up the Android name or end up paying through the nose for it?
Erich Specht filed a trademark in 2000 relating to his software business called Android Data Corp. The company provides e-commerce software that helps sites transfer data.
Specht was granted the trademark for the term Android data in 2002. After two years, Android Data Corp was dissolved and then registered again in the state of Illinois.
While Android Data Corp still holds the trademark, it’s hard to find any trace of the software or the company online. In fact, the software company doesn’t even seem to have a Web site.
However, this lawsuit isn’t the first time that Google lawyers have heard that another company had registered the Android name. Google originally filed for the Android trademark in October 2007 and was rebuffed by the Patent and Trademark Office.
In addition to the $100 million in damages sought by Specht and his attorney, he has also filed an injunction against Google using the Android name. Google has 60 days to respond to the filing, but the injunction would seriously hamper sales of Android devices.
It seems as though Specht is just looking for a payday from Google. In listing every member of the Open Handset Alliance as a defendant, the suit will put great pressure on Google to settle rather than negatively impact its business partners.
Specht’s lawyer says that, "We’ll have to see what they have in mind. So far, no one’s offered me anything." While $100 million in damages seems hard to prove in terms of lost sales from a no-name company, the injunction could provide enough leverage for Specht to get a payout.
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May 1st, 2009
I always thought Android was a dumb name. Plus, if you’re Google, and if there’s any chance that you can be sued, you’ll be sued.