Google runs into a problem with Nexus One trademark (iPhone haters welcome)

[divine]

Google runs into a problem with Nexus One trademark application

Google filed an application for the Nexus One trademark back on 10th December 2009 for use in connection with mobile phones. It would appear however that whoever handled the filing didn’t spend a lot of time on the initial conflict search report, as the Trademark Office has recently issued a notice of refusal:

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3554195.

The refusal has been issued on the grounds that the mark could conflict with an existing NEXUS trademark (3554195) granted on December 30, 2008 to Integra Telecom under the same class with a description which includes the provision of telecommunication services and the transmission of voice and data. The refusal goes on to explain the Trademark Office’s objections:

In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services.

The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.

The applied-for mark encompasses the registered mark. Likelihood of confusion is often found where the entirety of one mark is incorporated within another.
No doubt Google will be contesting this refusal, which they are entitled to do under the trademark registration procedure. I’m by no means an expert on trademark law so can’t comment on how likely Google are to overcome this hurdle but will be watching this one closely.

 

[Devilstrider]

Now they can change the name to the Google Phone.

 

[divine]

Now they can change the name to the Google Phone.

...I was thinking the "HTC One"

 

[Makkonnen]

its not over - they will reapply and get it or pay for it or whatever they feel like doing

 

[Ryokurin]

Philip K. Dick's Family was already looking into legal action since they didn't authorize the name which came from the name of cyborgs in Blade Runner. The trademark dispute just made things a little more complicated. Still not a big deal but it's better to have things sorted out before you ship, or it tends to get very expensive if you catch my drift...

 

[gumbottoms]

its not over - they will reapply and get it or pay for it or whatever they feel like doing

 

[AgentCreed]

who says it came from blade runner? the daughter of dude? They don't even own the trademark so they can't authorize it anyway. They just want money.

Philip K. Dick's Family was already looking into legal action since they didn't authorize the name which came from the name of cyborgs in Blade Runner. The trademark dispute just made things a little more complicated. Still not a big deal but it's better to have things sorted out before you ship, or it tends to get very expensive if you catch my drift...

 

[geech]

 

[Iron Man]

Simple ass Apple haters unit, the application was submitted in Dec, 2009 for the trademark rights for the Nexus One as a brand name. Obvisouly the trademark have been approved.

 

[Heist]

Nothing new. Apple had issues with the Iphone trademark which was already owned by Qualcomm or Ericcsson. I forget which. Nonetheless, I think they had to end up breaking off some bread to the company in order to continue using the Iphone name.

 

[divine]

I was wondering who the first clown would be to bring up Apple in a thread that has nothing to do with Apple. I should have guessed.. Mr. Temper Tantrum himself. Are you going to derail the thread and post a bunch of fat lady pics in here too?

Nothing new. Apple had issues with the Iphone trademark which was already owned by Qualcomm or Ericcsson. I forget which. Nonetheless, I think they had to end up breaking off some bread to the company in order to continue using the Iphone name.

 

[Ryokurin]

Nothing new. Apple had issues with the Iphone trademark which was already owned by Qualcomm or Ericcsson. I forget which. Nonetheless, I think they had to end up breaking off some bread to the company in order to continue using the Iphone name.

But the made sure to have it taken care of before they actually shipped. If Integra Telecom wanted to be a bitch they probably could get additional money due to product being sold. I know they haven't sold anything like this before but that's pretty amateur.

 

[curry_stain]

Actually it was Cisco Systems that had the original Iphone name....

I was wondering who the first clown would be to bring up Apple in a thread that has nothing to do with Apple. I should have guessed.. Mr. Temper Tantrum himself. Are you going to derail the thread and post a bunch of fat lady pics in here too?

 

[divine]

Actually it was Cisco Systems that had the original Iphone name....

This thread is not about Apple.. however... Cisco lost the name do to non use. To keep a trademark active you have to use it, and file a declaration of use within 6 years. They tried to do scramble a product to market to stop Apple from using the name.... and failed. Apple won the right to use the name.

So, this is not the same scenario that HTC/Google face. Their app was denied because it is already in use.

 

[dasureshot]

...I was thinking the "HTC One"

 

[Heist]

I was wondering who the first clown would be to bring up Apple in a thread that has nothing to do with Apple. I should have guessed.. Mr. Temper Tantrum himself. Are you going to derail the thread and post a bunch of fat lady pics in here too?

Hey Sensitive Sally. My response had nothing to with Apple per se.
I was using it as a recent example of a company who had the exact same problem with naming rights conflict on a phone and what the resolution was.

If anything, it cast a positive light on the resolution of the Iphone naming rights issue.

But super sensitive you - you get all defensive anytime anyone mentions Apple and all praises and kow-towing are not exhibited.

 

[divine]

Nothing new. Apple had issues with the Iphone trademark which was already owned by Qualcomm or Ericcsson.

Hey Sensitive Sally. My response had nothing to with Apple per se.

BULLSHIT

 

[divine]

The Nexus One Is a Total Flop
74 days after the iPhone was introduced at $600 a pop (six hundred dollars), one million were sold. The Droid, at $200: 1.05 million. The Nexus One? An estimated 135,000 units. By any measure, that's a total sales flop. [link]

Sure, the Nexus One is only sold online and though T-Mobile, but 135,000 units is a ridiculously tiny amount. Especially when the Nexus One was announced for a long time on the most popular web page in the world: The Google home page. Only the Nexus One and Google's Chrome have been announced in that sacred place, which is used by a gigazillion people every day. It's the most watched, most expensive advertising spot on the planet.

Even worse: The sales rate is declining. After its first month, the Nexus One sold 80,000 units. That's means that only 55,000 additional units sold in the next month. For a cellphone that is being named and talked about every single day by every single tech publication, and often mentioned in the mainstream media, that's quite embarrassing.

Why is this happening? The Nexus One is a nice cellphone, after all. Is it really that you can only buy it online? The iPad sold online, for a higher price and without no phone capabilities, yet it sold an estimated 152,000 units in the first weekend. And products like the Kindle are doing good sales with an online-only sales model.

The problem doesn't seem to be about awareness of the product, either. According to Crowdscience latest market study:

Awareness of the Google Nexus One phone itself following launch was found to be 91% amongst iPhone users, 75% amongst Blackberry users, and 73% amongst users of other smartphones.
So, practically, most of the smartphone users out there know about the Nexus One.

Perhaps is a combination of reasons or something else we are missing, but somewhere in Cupertino, someone is laughing this morning. [Silicon Alley Insider]


Send an email to Jesus Diaz, the author of this post, at jesus@gizmodo.com.

 

[Darrkman]

I was wondering who the first clown would be to bring up Apple in a thread that has nothing to do with Apple. I should have guessed.. Mr. Temper Tantrum himself. Are you going to derail the thread and post a bunch of fat lady pics in here too?

Actually he's not off track. He mentioned Apple because the went through the exact same thing. Stop trying to bait people Divine.

 

[Darrkman]

The Nexus One Is a Total Flop
74 days after the iPhone was introduced at $600 a pop (six hundred dollars), one million were sold. The Droid, at $200: 1.05 million. The Nexus One? An estimated 135,000 units. By any measure, that's a total sales flop. [link]

Sure, the Nexus One is only sold online and though T-Mobile, but 135,000 units is a ridiculously tiny amount. Especially when the Nexus One was announced for a long time on the most popular web page in the world: The Google home page. Only the Nexus One and Google's Chrome have been announced in that sacred place, which is used by a gigazillion people every day. It's the most watched, most expensive advertising spot on the planet.

Even worse: The sales rate is declining. After its first month, the Nexus One sold 80,000 units. That's means that only 55,000 additional units sold in the next month. For a cellphone that is being named and talked about every single day by every single tech publication, and often mentioned in the mainstream media, that's quite embarrassing.

Why is this happening? The Nexus One is a nice cellphone, after all. Is it really that you can only buy it online? The iPad sold online, for a higher price and without no phone capabilities, yet it sold an estimated 152,000 units in the first weekend. And products like the Kindle are doing good sales with an online-only sales model.

The problem doesn't seem to be about awareness of the product, either. According to Crowdscience latest market study:

Awareness of the Google Nexus One phone itself following launch was found to be 91% amongst iPhone users, 75% amongst Blackberry users, and 73% amongst users of other smartphones.
So, practically, most of the smartphone users out there know about the Nexus One.

Perhaps is a combination of reasons or something else we are missing, but somewhere in Cupertino, someone is laughing this morning. [Silicon Alley Insider]


Send an email to Jesus Diaz, the author of this post, at jesus@gizmodo.com.

This article is misleading and written by someone that doesn't understand true advertising. All the examples that were shown against the Nexus 1 had HEAVY television advertising. Now while you can say that putting the Nexus on the front page of Google will reach a lot of people (it does) it won't garner the attention that a TV ad (something that has sight, sound and motion) can get you. As cool and the internet seems to be when it comes to advertising there is a fact that everyone in the industry knows. A good TV ad will do better than a good internet ad every time.

 

[divine]

Actually he's not off track. He mentioned Apple because the went through the exact same thing. Stop trying to bait people Divine.

..I don't care what the reason was (nor did I disagree with anything he said).. like I said, I was waiting for the first person to bring up Apple in a thread that is not about Apple. He won.

 

[dasureshot]

This article is misleading and written by someone that doesn't understand true advertising. All the examples that were shown against the Nexus 1 had HEAVY television advertising. Now while you can say that putting the Nexus on the front page of Google will reach a lot of people (it does) it won't garner the attention that a TV ad (something that has sight, sound and motion) can get you. As cool and the internet seems to be when it comes to advertising there is a fact that everyone in the industry knows. A good TV ad will do better than a good internet ad every time.

Boom goes the dynamite!!

 

[Darrkman]

..I don't care what the reason was.. like I said, I was waiting for the first person to bring up Apple in a thread that is not about Apple. He won.

Ummmm you're spinning the truth to try to prove your point. You created a thread about cell phones and trademarks and Heist showed you an occasion where a cell phone and a trademark situation like you outlined happened before.

I see what you're trying to do but its not quite working out. Still, its fun to watch so....carry on. Who am I to stop a good argument.

 

[divine]

BULLSHIT!

No, you're spinning the truth. I created a thread about the Nexus One specifically, not about "cell phones and trademarks" What other "cell phones" or "trademarks" are listed in my post?

Ummmm you're spinning the truth to try to prove your point. You created a thread about cell phones and trademarks and Heist showed you an occasion where a cell phone and a trademark situation like you outlined happened before.

I see what you're trying to do but its not quite working out. Still, its fun to watch so....carry on. Who am I to stop a good argument.

 

[Darrkman]

BULLSHIT!

No, you're spinning the truth. I created a thread about the Nexus One specifically, not about "cell phones and trademarks" :smh" What other "cell phones" or "trademarks" are listed in my post?

You created a phone about the Nexus One and trademarks. It could be inferred, based on your past posts, that you were trying to bash the Nexus (maybe).

Heist comes in and says that the same thing has happened with the IPhone. Now as counter arguments go that is the best one that can be given. Its a counter argument that involves the same industry and situation. Nothing negative as said about Apple.

 

[divine]

NO, YOU inferred and so did that other lil bitch... cause you all are haters. I don't have to bash the Nexus One.. it's a failure.

Yall lil moist ass niggas act like I sit down and write these articles

You created a phone about the Nexus One and trademarks. It could be inferred, based on your past posts, that you were trying to bash the Nexus (maybe).

Heist comes in and says that the same thing has happened with the IPhone. Now as counter arguments go that is the best one that can be given. Its a counter argument that involves the same industry and situation. Nothing negative as said about Apple.

 

[Darrkman]

NO, YOU inferred and so did that other lil bitch... cause you all are haters. I don;t have to bash the Nexus One.. it's a failure.

You're getting emotional about a post.

Regardless of if there was an inference or not the fact is that you a jumping on Heist for crafting a very good counter argument to your post. How does that make anyone a hater? Also, why are you getting so upset? Its like you're feeling persecuted.

Divine, one more thing. You've admitted you bait people with your posts. You've said to me "Because its fun and they let me." so for people to think you were trying to bash the Nexus is not an idea that comes from left field. Still thats immaterial. The bottom line is that Heist gave a damn good counter argument that was neutral in its tone.

Nothing more, nothing less.

 

[divine]

Nope, as I stated, I was waiting for the first person to come in talking about the iPhone and Heists did.. and you put on your cape to defend him. It's plain and simple.. you cats hate the iPhone so much you stay in my threads and bring it up every chance you get...

I don;t have to bait.. I just make a thread and you clowns come running I have my OWN fan base.

There was no counter argument... the post is about the Nexus One patent.. nothing more, nothing less.

You're getting emotional about a post.

Regardless of if there was an inference or not the fact is that you a jumping on Heist for crafting a very good counter argument to your post. How does that make anyone a hater? Also, why are you getting so upset? Its like you're feeling persecuted.

Divine, one more thing. You've admitted you bait people with your posts. You've said to me "Because its fun and they let me." so for people to think you were trying to bash the Nexus is not an idea that comes from left field. Still thats immaterial. The bottom line is that Heist gave a damn good counter argument that was neutral in its tone.

Nothing more, nothing less.

 

[Darrkman]

Nope, as I stated, I was waiting for the first person to come in talking about the iPhone and Heists did.. and you put on your cape to defend him. It's plain and simple.. you cats hate the iPhone so much you stay in my threads and bring it up every chance you get...

I don;t have to bait.. I just make a thread and you clowns come running I have my OWN fan base.

There was no counter argument... the post is about the Nexus One patent.. nothing more, nothing less.

I'm having was I thought was an adult convo with you. I don't need to cape up for anyone. You're the one that suddenly started yelling that we're all haters, etc. Next you'll be saying that everyone is out to get you. Hey, you do you. If it works for you then more power to you.

 

[divine]

... But the fact remains. I made a thread about the Nexus One patent issue and some of you chose to bring up the iPhone as a 'counter argument' as I predicted.

I'm having was I thought was an adult convo with you. I don't need to cape up for anyone. You're the one that suddenly started yelling that we're all haters, etc. Next you'll be saying that everyone is out to get you. Hey, you do you. If it works for you then more power to you.

 

[Race Harley]

I was wondering who the first clown would be to bring up Apple in a thread that has nothing to do with Apple. I should have guessed.. Mr. Temper Tantrum himself. Are you going to derail the thread and post a bunch of fat lady pics in here too?

This coming from someone who added 'iPhone" in the thread title?

Time to change your tampon! The blood's backing up into your brain!

 

[divine]

Correction: I added "iPhone haters welcome" as a reiteration of what was to come... and as I said, I was right. So welcome

This coming from someone who added 'iPhone" in the thread title?

Time to change your tampon! The blood's backing up into your brain!

 

[J Storm]

Correction: I added "iPhone haters welcome" as a reiteration of what was to come... and as I said, I was right. So welcome

So I guess Satan did go back in time to give birth to Dionysis to make it seem as if he was a Crucified Savior before Jesus.


Come on. Man Up. Don't play the Fox news game. We all love Apple but come on.

 

[divine]

Apple wins iPhone trademark patent.

 

[Heist]

Apple wins iPhone trademark patent.

Your lies are actually painful to read. Apple did not WIN anything. They settled with Cisco and Cisco still retained rights to use the name. So how would you classify that as a true win when Apple was never awarded the exclusive and outright trademark to use Iphone.

Cisco, still holds rights over Apple to use it as part of their settlement agreement.

Although the terms of the deal or confidential, it's pretty obvious Apple probably paid Cisco a fee to use it - because if Apple had the true exclusive trademark there would have been NO NEED to let Cisco retain rights to it as well.

On Cisco's part they probably thought "Well, if our product isn't selling using the name, why not just take a cash out payment from someone else who is and let them share rights."
Which is precisely the point I was originally making with respect to Nexus One and their naming rights until you decide to derail this into an Apple hate diatribe.

I was only using Apple's recent issues, since it so perfectly mimic'd HTC/Google's situation, as the perfect example of how a problem like this can resolved. It had nothing to do with Apple or hating on Apple. You chose to read it as such because you're so damn sensitive.

The iPhone will finally be the iPhone. Apple (Nasdaq: AAPL) came to terms with Cisco (Nasdaq: CSCO) over the right to use the name -- trademarked by Cisco -- for Apple's highly anticipated wireless device.

http://www.fool.com/investing/high-growth/2007/02/24/a-fool-looks-back.aspx

Cisco and Apple today announced that they have resolved their dispute involving the "iPhone" trademark. After more than a month of public sparring, the companies recently agreed to several legal extensions, following the Cisco lawsuit over the iPhone trademark (in the US as well as in the UK). Under the agreement, both companies are free to use the "iPhone" trademark on their products throughout the world, according to the release. In addition, Cisco and Apple will explore opportunities for interoperability in the areas of security, and consumer and enterprise communications. Both companies, however, said that other terms of the agreement are confidential.