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Android Data Corp sues Google and other companies

May 3, 2009

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Various news reports suggest that Google and the members of the OHA (Open Handset Alliance) have been sued for about $94 million for trademark violation over use of the Android name.

Google's open source mobile operating system is called Android and this conflicts with a company that began in 2002 under the name Android Data.

Litigation is being brought by Erich Specht and the Android Data Corporation, who were granted a legal trademark on Android Data.

Android Data Corp. is a small private company based in Palantine, Illinois.

Two years ago, Google applied for the Android trademark, just before launching its mobile phone operating systems. In February of last year, the U.S. Patent Trade Office formally rejected that application citing the Android Data trademark.

Google appealed, saying Android Data had lost it's claim due to inactivity, but the patent office rejected that claim and various other appeals and formally suspended Google's application in November 2008.

Specht plans to file a temporary restraining order against Google and the members of the Open Handset Alliance, which includes Motorola, Qualcomm, Sprint, T-Mobile, Texas Instruments, Samsung, Telefonica and Vodafone.

On the Android Web site, Google currently says "Android is a trademark of Google Inc" and that also upsets Specht.

According to a report in Forbes, although there are dozens of trademarks with the word Android in various commercial categories, Android Data's trademark is in what is called "International Class 009" which covers computer software and hardware.

It is in this category that Google has applied for their trademark. Also, as the term "data" is regarded as descriptive by the patent office, the "Android Data" trademark functions as a trademark on the "Android" name.

It will be interesting to see how this case unfolds, since other companies often find themselves in similar legal situations, where a name or term has already been registered in the past.

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Source: IT Direction.