Eric Specht’s Lawsuit Against Google Over Android Trademark Thrown Out Of Court

Posted Dec 23, 2010

Google Inc. (NASDAQ:GOOG) has won a trademark lawsuit that was filed by Eric Specht. Specht claimed that Google and the Open Handset Alliance was violating trademark by using the product name “Android.” Specht runs a company called Android Data. Specht wanted $94 million from Google.

Below is a statement from the court:

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).

Specht built a software suite called Android Data Software Suite. Specht filed for the trademark Android Data with the patent office in June 2000 and it was granted to him in October 2002. However all of his clients stopped licensing his software in 2002 and Specht had attempted to sell his company assets and get rid of the Android Data trademark. When someone pointed out to him that Google was using the name Android for mobile devices, he quickly put up his website again.

?We are pleased to see this case dismissed, as it was baseless from the start,? said Google.