A porn company has filed a cease-and-desist letter to phone-makers HTC, demanding that they change the name of their new smartphone, the HTC Vivid, by Monday. Vivid Entertainment, the LA based video-porn house famous for its celebrity sex tapes mostly recently staring Kim Kardashian, claimed in the letter that the Vivid handset …
More like "we have chosen to file a not-a-hope-in-hell cease-and-desist letter in order to get a bit of publicity for our site."
My thoughts exactly
The case should be thrown out, and they should be charged costs, and possibly fined for vexatious litigation or something. Lets see how they like their free publicity then.
As far as I can tell, the smartphone market, and the pr0n vid market are two quite separate market areas.
Maybe those Vivid guys spend too much time with their heads up some girl's behind to understand copyright all that well?
Vivid being a dictionary word, HTC would actually have to duplicate Vivid's logo to be infringing on their design, since dictionary words can't be owned or protected.
I really don't think they have a case.. but as you say.. it's publicity.
As in beer. Smuthaus launches public vexacious case to get column inches in the press. Worth every penny.
if they're a porn house, then they already have lots of column inches... unless they're a strictly girl-girl porn house.
Paris for fairly obvious reasons.
it's not just Apple who throw lawsuits at HTC... although I cannot wait to see the Vivid in the flesh...
They must be confused as to how trademarks work.
Unless Vivid Entertainment has a mobile-phone division, or can show that HTC has a porn division, then there is no overlap between the trademarks.
Trademark protection only apply within the same industry.
P--U--B--L--I--C--I--T--Y... It's all about getting their company's name in print, along with mentioning what they do...
That's why movies stars have press agents ... to keep their name in the news. Doesn't matter what is said about them as long as their name is in the news, and is spelled correctly.
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