Porn Giant Vivid to Take Legal Action Over HTC Vivid Name

from the there's-a-fap-for-that dept

Trademark… sigh. Such a decent idea twisted horribly, horribly wrong at times. I’ll try to keep this one simple for fear of flying off into some kind of puntastic boondoggle.

Reader sinsi sent in the Tom’s Guide story about Vivid, best known for pumping out pornography, sending a cease and desist notice to HTC, best known for pumping out phones. The issue, apparently, is that HTC’s latest smart phone is called “The Vivid,” a word fairly commonplace in the English language. Now, Vivid Entertainment has crossed paths with the technology sector in the past, when they sued the enigmatically-named PornoTube website (I wonder what they have to offer), or when their executives decided that it was Google and Yahoo’s fault that kids were seeing the fine cinematography Vivid produces.

Still, I find myself asking the same questions about many of these Trademark suits lately: doesn’t there have to be some kind of industry crossover for this to be valid? And at what point are moron-sturbators in a hurry going to confuse a smart phone for a the latest Superhero porno parody? Seriously…how does this happen? Did someone at Vivid overhear an HTC customer say, “This phone blows,” and get confused?

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Companies: htc, vivid entertainment

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Comments on “Porn Giant Vivid to Take Legal Action Over HTC Vivid Name”

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36 Comments
Francisco (profile) says:

You bastard!

I was drinking a glass of water when I read this:

“And at what point are moron-sturbators in a hurry going to confuse a smart phone for a the latest Superhero porno parody? Seriously…how does this happen? Did someone at Vivid overhear an HTC customer say, “This phone blows,” and get confused?”

Brilliant sir! Brilliant.

I guess that Vivid’s lawyers were having a boring day at work so they decided to sue. What I can not understan is how can you be bored if one of your clients is a porn company.

A Dan (profile) says:

Blame Apple

You remember how Apple was able to settle by assuring Apple Records they would never go into the music business? Remember how they later did?

“As a condition of the settlement, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business.”
http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

These trademark things of “not in the same industry” cause problems later when the upstart spreads into the industry they initially weren’t encroaching on.

aikiwolfie (profile) says:

IPMAX In Thunderdrome!

LOL! This whole IP ownership nonsense gets more ridiculous by the day. Before you know it every human on the planet will have to devise his/her/it’s own language and totally unique name just to live without being sued. Of course we’ll all have to pay each other royalties every time we talk to one another using the other’s language.

Anonymous Coward says:

Well, this is one of those cases where on the surface it looks silly, but in reality it’s a very good case.

First off, Vivid needs to zealously protect it’s trademarks. That is sort of a requirement. Second, Vivid does offer online porn via smart phones / mobile phones. So there is potential at least to some extent for some marginal confusion. Thirdly, the name might suggest to some that Vivid has partnered with HTC on a phone, which is just not the case.

Without taking this action, Vivid would leave themselves open for others to use their tradename is other ways that the company might get involved in, say like “Vivid Blu Ray Discs” (blanks).

Mike, you need to think past your nose, you are so in a rush to slam things that sometimes you just don’t think.

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