Nov 16 AT 11:00 AM Nick Gray 31 Comments

Vivid Entertainment serves HTC and AT&T with a cease and desist letter over HTC Vivid

htc_vivid_2

HTC and AT&T have been served with cease and desist documents from Vivid Entertainment which claim that the HTC Vivid’s name will lead to confusion in the marketplace. Vivid Entertainment is threatening HTC and AT&T with legal action if the handsets name is not changed.

We don’t claim to be trademark experts here, but trademark law claims that there needs to be a “likelihood of confusion” in order for a company to sue for trademark infringement. HTC has publically acknowledged the situation.

We are reviewing the complaint and don't expect to have any further comment until it is resolved.HTC America

Below is a list of factors that the courts typically look at to determine trademark infringement:

  • strength of the mark
  • proximity of the goods
  • similarity of the marks
  • evidence of actual confusion
  • similarity of marketing channels used
  • degree of caution exercised by the typical purchaser
  • defendant’s intent

Based on these factors, we find it hard for Vivid Entertainment to prove that the HTC Vivid is infringing on its trademark. Unless Vivid Entertainment is working on an adult entertainment phone, we don’t know how consumers would ever confuse HTC’s smartphone with Vivid Entertainment’s adult media empire.

If HTC and AT&T do have to come up with a new name for the Vivid, we hope they don’t fall back on the dreadful HTC Holiday code name the device had before it was rechristened the Vivid. What do you think HTC should change the phone’s name to in order to avoid a legal battle with Vivid Entertainment?

Source: The Verge

Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined the Android and Me family in the summer of 2010.

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  • LSH

    Money grab by Vivid Entertainment. Absolutely zero chance of success here.

    • http://www.jeffkibuule.com Jeff

      It’s not even that. It’s a publicity stunt. Just think of whatever Vivid will have to pay to HTC as advertising fees. It really is an abuse of the court system and a waste of everyone’s time.

  • Starship

    Trademark claims like this are stupid. I would of never confused a phone with an entertainment company nor would I have assumed that this phone was endorsed by Vivid entertainment.

    Must be a new way to advertise nowadays: Just threaten to sue and your company gets free publicity. Granted you’re a copyright troll and everyone hate’s those, but I guess you take what you can get.

    • WarDrake

      then again the adult film industry doesn’t care about the publicity, it’s customer base is firmly established, and it isn’t going anywhere… ^_^

      • http://htcsource.com Nick Gray

        True, but a simple letter to HTC and AT&T is getting Vivid Entertainment a lot of mainstream coverage that they typically don’t enjoy. I’d imagine that traffic to their site is doing pretty well today.

  • http://droidsamurai.blogspot.com DroidSamurai

    I applaud Vivid Entertainment’s lawsuit because HTC smartphones’ names are getting worse and worse. There’s no consistency. Rezound, Vivid, Sensation, Wildfire, Amaze, Rhyme, Hero … I don’t know about other people, but I couldn’t find even a single pattern in the their naming scheme.

    • http://ArtisticAbode.com Arron with two R’s

      Do you think that they should go to a BMW type convention? ie; 1, 3, 5, and 7 series? Instead of names you get numbers?

      “Hey man, check out this new phone”

      “Oh snap! Is that the new HTC Five Eight Oh One?”

      • Trufactz

        I totally agree. But your phone aint better than my HTC 940Lx though. HTC’s names don’t need consistency, HTC’s naming process says “every phone is unique”, and the ones that do have consistency, i.e. sensation series, Still do stand out in some way.

    • http://www.infotainmentempire.com pekosROB

      Their pattern is this:

      Stupid random names in the order they come to the executives.

      But since the names are so weird/random/dumb, I tend to remember them and their respective hardware/specs.

    • Hollyw0od

      So, you applaud a lawsuit because a company’s naming convention doesn’t make sense to you? Seriously, thats your logic?

  • Nathan

    I don’t understand how this sort of happens, shouldn’t there be a way to avoid this?

    • Tangent

      They can use names that no other phone or similar device uses; one that nobody is likely to confuse with a similar product/service. Kind of like they did here…

      If you don’t want to use a name already in use by any other company for any other product or service, you’re probably going to be stuck with names like “HTC model 12″. Odds are the first company to do that would then sue the second company to do it, and we’re right back to where we are now…

      • ben dover

        So our phones will then be like band names….
        “HTC smartphone 84″
        Kind of like Blink 182. what happed to Blink or Blink 1-181?

        haha

  • http://ArtisticAbode.com Arron with two R’s

    I mean that have a facebook phone right? Why not a Vivid phone? It could have a water resitant screen that is easily cleaned.

    • http://www.infotainmentempire.com pekosROB

      more like liquid resistant screen… heh

      • http://ArtisticAbode.com Arron with two R’s

        Trying to keep it safe for the childrens. = )

        • http://www.infotainmentempire.com pekosROB

          let’s just hope it can float

    • Trufactz

      Oh Ur talkin bout the HTC Status? whose name clearly says “with one button you can post a STATUS to Facebook”???????? Unique.

  • shadowxof

    you know i received some dummy phones for this at my work and it didn’t say HTC Vivid on it. The name slapped on the box was HTC Waikiki. Odd name I know but it was this exact phone, either att is jerking me around or this is the final name

  • http://www.infotainmentempire.com pekosROB

    HTC Vivid != Vivid Entertainment

    If the company was Vivid Inc, I could see a legitimate concern by Vivid Inc, but that’s not the case.

    Now unless the phone offers free porn, has special access to porn, or performs sexual acts to you for your pleasure, then they might have a case there.

    But that ain’t the issue.

    • counsel

      The name and the use are related.. nobody would confuse coke with a t-shirts company, but coke can stop them from calling their tshirts coca cola.

      BTW: free porn, etc is available for free on the interner-even on iPhones, ipods, and ipads…

      Phones do need better names…

      • http://www.infotainmentempire.com pekosROB

        By free porn I mean like a subscription to a website such as Vivid Entertainment…

  • counsel

    Gives a whole new meaning to “facetime”…

  • charliethesuperturtle

    Never heard of vivid entertainment
    Just dont name it holiday

  • Richard Yarrell

    Another SAD CLAIM when will this ever stop. Htc should and will stick to the Vivid name there no real confusion here just in there demented mind.

  • paxmos
  • Ben

    They should change the name to HTC Entertainment :P

  • weezeremo

    im in for the HTC Peter North

  • HoLfElDeR

    HTC Porn :D

  • pritams

    losers…….

  1. LSHGuest 3 years ago

    Money grab by Vivid Entertainment. Absolutely zero chance of success here.

    • It’s not even that. It’s a publicity stunt. Just think of whatever Vivid will have to pay to HTC as advertising fees. It really is an abuse of the court system and a waste of everyone’s time.

  2. Trademark claims like this are stupid. I would of never confused a phone with an entertainment company nor would I have assumed that this phone was endorsed by Vivid entertainment.

    Must be a new way to advertise nowadays: Just threaten to sue and your company gets free publicity. Granted you’re a copyright troll and everyone hate’s those, but I guess you take what you can get.

    • then again the adult film industry doesn’t care about the publicity, it’s customer base is firmly established, and it isn’t going anywhere… ^_^

      • True, but a simple letter to HTC and AT&T is getting Vivid Entertainment a lot of mainstream coverage that they typically don’t enjoy. I’d imagine that traffic to their site is doing pretty well today.

  3. I applaud Vivid Entertainment’s lawsuit because HTC smartphones’ names are getting worse and worse. There’s no consistency. Rezound, Vivid, Sensation, Wildfire, Amaze, Rhyme, Hero … I don’t know about other people, but I couldn’t find even a single pattern in the their naming scheme.

    • Do you think that they should go to a BMW type convention? ie; 1, 3, 5, and 7 series? Instead of names you get numbers?

      “Hey man, check out this new phone”

      “Oh snap! Is that the new HTC Five Eight Oh One?”

      • TrufactzGuest 3 years ago

        I totally agree. But your phone aint better than my HTC 940Lx though. HTC’s names don’t need consistency, HTC’s naming process says “every phone is unique”, and the ones that do have consistency, i.e. sensation series, Still do stand out in some way.

    • Their pattern is this:

      Stupid random names in the order they come to the executives.

      But since the names are so weird/random/dumb, I tend to remember them and their respective hardware/specs.

    • Hollyw0odGuest 3 years ago

      So, you applaud a lawsuit because a company’s naming convention doesn’t make sense to you? Seriously, thats your logic?

  4. I don’t understand how this sort of happens, shouldn’t there be a way to avoid this?

    • They can use names that no other phone or similar device uses; one that nobody is likely to confuse with a similar product/service. Kind of like they did here…

      If you don’t want to use a name already in use by any other company for any other product or service, you’re probably going to be stuck with names like “HTC model 12″. Odds are the first company to do that would then sue the second company to do it, and we’re right back to where we are now…

  5. I mean that have a facebook phone right? Why not a Vivid phone? It could have a water resitant screen that is easily cleaned.

  6. you know i received some dummy phones for this at my work and it didn’t say HTC Vivid on it. The name slapped on the box was HTC Waikiki. Odd name I know but it was this exact phone, either att is jerking me around or this is the final name

  7. HTC Vivid != Vivid Entertainment

    If the company was Vivid Inc, I could see a legitimate concern by Vivid Inc, but that’s not the case.

    Now unless the phone offers free porn, has special access to porn, or performs sexual acts to you for your pleasure, then they might have a case there.

    But that ain’t the issue.

    • counselGuest 3 years ago

      The name and the use are related.. nobody would confuse coke with a t-shirts company, but coke can stop them from calling their tshirts coca cola.

      BTW: free porn, etc is available for free on the interner-even on iPhones, ipods, and ipads…

      Phones do need better names…

  8. counselGuest 3 years ago

    Gives a whole new meaning to “facetime”…

  9. Never heard of vivid entertainment
    Just dont name it holiday

  10. Another SAD CLAIM when will this ever stop. Htc should and will stick to the Vivid name there no real confusion here just in there demented mind.

  11. paxmosGuest 3 years ago

    LOL…..

  12. BenGuest 3 years ago

    They should change the name to HTC Entertainment :P

  13. im in for the HTC Peter North