Technically Legal

Verizon recently announced two phones branded with the “DROID” mark. One of the phones is made by Motorola, the other by HTC. The name likely comes from the fact that both phones run the Android operating system.

Typically a trademark answers the question “Where am I from?” Not, “What am I?” For example, Swingline on your red stapler lets you know that the stapler is from Swingline. It doesn’t tell you that it’s a stapler.

DROID here doesn’t fall into either category. It doesn’t particularly tell you where it’s from, because the phones are on Verizon but made by two different companies. It also doesn’t describe the product itself.

Regardless, if Verizon filed for a trademark on the name DROID for cell phones, they would probably be given the trademark.

That is, if Lucasfilm hasn’t beaten them to it.

On October 9^th, Lucasfilm filed an applcation to register the word “DROID” for “Wireless communications devices, including, mobile phones, cell phones, hand held devices and personal digital assistants.” The serial number is 77845682, and you can search for the application through the TESS Engine at the Trademark office. Sadly, I can’t find a way to directly link to it.

We’ll follow this as it develops because a lot of issues might arise if these two companies clash. Stay tuned.

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