By This is a bit embarrassing for HTC and AT&T, to say the least. You know that super cool phone they recently brought out together? You know, the HTC Vivid? Well it turns out that name is already in use.
By whom, you ask? Why, an adult entertainment company, of course. The company is Vivid Entertainment and they’ve filed a lawsuit for trademark infringement by HTC.
That’s their right if they were first, I suppose. This isn’t the first time the company has sued over trademark infringement so I’m betting they’re in it for a bit more than just shameless publicity. HTC had this to say on the matter:
“We are reviewing the complaint and don’t expect to have any further comment until it is resolved.”
And that’s all she wrote. Apparently porn companies do value intellectual property, something I’m sure OEMs are happy to know for the next time they go pulling random names out of thin air. [The Verge]
sounds like a Wheel of Fortune category, double names – “HTC Vivid Entertainment” – srsly…
1. who in marketing didn’t do their homework?
2. what idiot is going to mistake a phone name for an adult entertainment company (do people even care what company provided the pr0n in the first place…LOL)
1. The company does not own the word “Vivid”. it’s in the dictionary.
2. It’s called HTC Vivid, not Vivid Entertainment.
3. Nobody is going to confuse Vivid Entertainment (porn industry) with, HTC Vivid (a phone)
this is just a publicity stunt by vivid entertainment.
Yeah I didn’t even know that people bought porn anymore. O_o
Hey….Vivid makes quality stuff!!!
Right! Webster should sue the both of them!
Lol
Aren’t Trademarks one of those things that you lose your rights to if you don’t defend it (unlike Copyrights and Patents). If this is the case then seems fair play to defend it. I don’t think it’s a big deal for HTC/AT&T to change the name of the phone.
Unless Vivid Entertainment has produced a mobile phone I don’t know about, they have no case. You can’t block all use of the name Vivid any more than you can block any other word that you didn’t invent. Now if the phone were the HTC Pepsi, that would be a different story.
Exactly. One is a phone, the other is… a service. (I guess)
No, not a service. They are “film” company and considering DVD’s etc they do product a tangible product. They still have no case for many reasons, one being they are actually called Vivid Entertainment. (I pass their offices on the 101 every day)
I doubt ATT and HTC are trying to piggyback on their product’s popularity.
It’s annoying how people think that you can sue just for using a name, especially if it isn’t unique to you. This will get tossed out.
You’re right. But you probably won’t convince anyone.
Trademark isn’t to give you exclusive access to a name. It is to protect consumers from confusion.
The moron in a hurry test illustrates this. Would a moron in a hurry be confused into buying HTC’s product if he were shopping for an adult movie from Vivid Entertainment?
First, the moron would not be likely to encounter either product in the type of “stores” (online or physical) that carries the other product. (eg, Verizon probably doesn’t have Vivid Entertainment movies.)
Second, even if a store carried both products they are not likely to be confusingly marked or confusingly located where either product might be mistaken for the other. (eg, Verizon wouldn’t put its adult movies next to its phones, and they would probably be clearly differentiated)
But as I said, you’re not going to convince people in these parts about anything having to do with copyright, patents, trademarks or trade secrets.
Purpose of trademark law is to protect consumers and businesses, not just consumers even though they are given precedence. The use of the word Vivid will most likely fall under the use of a suggestive mark as the name can imply something about their business making it even weaker of a mark.
Hence my comment about it not being unique to you – making it a fanciful mark taking on higher protections than arbitrary, suggestive, or descriptive marks. There are tons of companies who will sue just because another entity used a name they have trademarked even if it is in a different industry.
So, I’m not sure what your reply was supposed to indicate seeing as I did not state anything your response is to.
” Now if the phone were the HTC Pepsi, that would be a different story.”
Right because Pepsi makes phones?
no its because pepsi created the name pepsi
Are you that stupid? Hilarious.
You obviously missed my point. Why does Vivid Entertainment have to have a phone for it to be a case where as Pepsi (who doesnt have a phone either) would have a solid case if both company’s have their word trademarked?
The only “Vivid” website is their porn site so they probably have rights to the word to sue who they choose fit.
vivid has been a word in the english language longer than it has been a trademarked name.
pepsi was never a word before it became a trademarked brand name.
a trademarked on a common word is only valid in similar product types, and when it can cause confusion.
That sounds like the way its supposed to be. Question is why does Vivid Ent. feel they are in a position to sue if this is the case?
I for one don’t see how it could be a problem.
Because Vivid is a word in the English language while Pepsi is a word PepsiCo made up
The word “vivid” is a common word, found in the dictionary long before anyone named a company or a phone using that word.
“Pepsi” is not a common word, it has no etymological history prior to being registered as a trademark.
That is the difference between the two trademarks. It is that difference which makes it so that Vivid must share their trademark with company’s that do not directly compete with them and Pepsi does not have to share.
Trademarking a common word does not transfer ownership of that word to the trademark holder, lock, stock and barrel.
Taking a page from Apple’s playbook
Now Blackberry is going to sue you and Apple!
lol nice
Ha ha
Actually Apple the PC company was in HTC shoes on this one.. They were sued by Apple the music company (Beatles) a couple of times.. The second time was because they started selling music, which was the more legitimate concern for Apple the music company.
so many potential bad jokes… so little time…
I smell a cross promotional opportunity. XD
Indeed, if Asia Carerra is delivering my phone, I’d be happy to pay small liscensing fee….
Ooh…she can deliver the phone, then make a small (tasteful, of course) video using the phone’s camera, and then vivid can market said video. Genius!!
I went to the supermarket and asked a clerk where the Macintoshes were, and he told me to go down the street to the Apple Store.
Then I asked if they had any mangoes. He said, “Oh, you mean the new Windows Mobile phones?”
I’m joking. Seriously, Phandroid, is this newsworthy? I would never have thought of porn until I saw your headline. In fact, I’ve never heard of Vivid Entertainment. Good job giving them free publicity!
You, uh, you haven’t?
Uh oh! Looks like Samsung better be careful! Next thing you know, the LA Galaxy Soccer team is gonna go and sue Samsung for the name “Galaxy” because someone is gonna mistake the thing you’re holding in your hand for a bunch of Soccer players!
This is so stupid….
Link!!
Here’s a thought for phone companies. When you think of prospective names for a phone, Google them! You’ll find out real quick if the name belongs to something you may want to avoid whether its a lawsuit, or even related to a porn company.
Its not just a name, its a word. If you picked something that wasnt in every english dictionary on the planet maybe. I wouldnt go making the HTC “Mung” but Vivid is general.
All I’m saying is Google it. Google “Vivid” and 4 of the top 5 are referencing porn.
THIS JUST IN!!!
Apple has just acquired Vivid Entertainment!
:-)
Please!!! It is not that serious. Give HTC and At&t a break. It looks like a well put together phone. If I didn’t buy the Samsung Infuse 4g earlier this year, I would get the HTC Vivid.
It’s a freaking word. I don’t think anyone should have rights to a word.
Does this phone already pre install porn apps? Hmmm?
I was disappointed to see this wasn’t announcement that we HTC users aren’t getting free porn
hey i think ill patent the word “the” so that anybody who wants to come up with a name cant use “the” before it. i patented it it so i have a case right? NO.
Porno Valley? :3
You can sue for anything, it doesn’t mean you’re going to win. This reminds me when Spike Lee sued Spike TV because he felt that people would become confused and think that it was his network (what self-important twit) – he lost (thankfully).
I don’t get it. How can be this infringement? What has porn company to do with Android smartphone? They aren’t competitors in any way. There are a lot of products with very similar names, but unless they aren’t both in the same business sphere it’s OK.
So they think they own the word vivid? That is so Steve Jobs of them. Lol
Might as well call it the HTC Erection. That’s what HTC phones give me, anyway.
Did they even patent the name?
so can the apple industry please sue apple for using the name
Anyone else seeing historic cross promotion potential here? Smartphones are all about internet and media access. Porn is the biggest business on the internet. We’ve seen phones built to coincide with blockbuster movies. Why not the first official “porn phone”?
LOL if anyone ever wanted to know if there were more male users on Phandroid than female users…i suggest they take a look at this article :)
I’m not quite sure how this is newsworthy but this is interesting a bit