Technically Legal

Technology and the law. Done right.

Episode 53: Shepard Fairey in a Hurt Locker

Tetris Takedowns, AP/Shepard Fairey Case, and EFF opposes Hurt Locker subpoenas.

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Tetris Takedowns on Android Store

Google blocks Tetris clones from Android market

Update on AP v. Shepard Fairey

Court: AP ‘is going to win’ Shepard Fairey case

EFF Opposes Hurt Locker Subpoenas

EFF Asks Judges to Quash Subpoenas in Movie-Downloading Lawsuits

Comments Off Posted in: Podcast on June 7, 2010

Is There an Impending DROID Fight?

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 9th, 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.

4 Comments Posted in: Commentary on November 5, 2009

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