Another Wallyland Lawsuit: Wing vs. Google

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Another Wallyland Lawsuit: Wing vs. Google

Postby ChronoMATT » March 31st 2013, 2:22am

I've never been crazy about Android watches and my regard for Wing has waned (Wing Waned -- sounds like a Chinese watch factory) over the years. However, being someone involved in the creative field for a living, our business is our ideas and they are what pays the bills. I support Wing's Android if Google insists on using the "Android" name when branding its Smart Watches.

Grab some popcorn. The David vs. Goliath show is about to start.

Android Sues Google and Modify Industries as New Google Android Smart Watch is Prepped for Release
OKO International Co. has been designing, manufacturing and marketing ANDROID watches in the United States for over 19 years and is the owner of a United States trademark registration for ANDROID for watches. Last week, in order to protect its ANDROID trademark, OKO filed suit against Google, Inc. and Modify Industries, Inc. for trademark infringement to stop Google and Modify from manufacturing, selling and advertising an Android Watch Set. OKO has been damaged by Google's and Modify's unauthorized use of the ANDROID mark for watches. OKO's lawsuit against Google and Modify is consistent with OKO's policy to vigorously protect its ANDROID trademark.

Source:
http://android-usa.net/blog

Google Android Watch Report:
http://www.theverge.com/2013/3/21/4133428/is-google-building-a-smart-watch-of-its-own
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby foghorn » March 31st 2013, 2:26am

I'm sure Google and Modify will see this as a blessing in disguise once they learn more about the "worlds only nice guy TV watch hawker" and his wonderful products.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby codguy » March 31st 2013, 2:57am

Goliath will pay off David and simply continue on.

Same thing happened with the Seattle Seahawks use of the "12th Man" slogan, flag, etc which was trademarked by Texas A&M.
http://blog.patents-tms.com/?p=13
Goliath Paul Allen simply wrote a large check to the University for the licensing rights.

Would be nice if Liang would receive a big enough check to retire from producing his hideous "timepieces".
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby boscoe » March 31st 2013, 5:28am

Yes, Wing will win
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby TemerityB » March 31st 2013, 5:36am

boscoe wrote:Yes, Wing will win


I'm not so sure. If Wing was so upset about the use of "Android" as a trade name, he could have taken action just as the "Android" phones came out. And The World Wrestling Federation was sued by The World Wildlife Fund over the use of "WWF" even though the wrestling company was around for as many years. Guess which one changed their name...it wasn't the animal group.

From Wiki: In 2000, the World Wide Fund for Nature sued the World Wrestling Federation (now named WWE)
for unfair trade practices. Both parties had shared the initials "WWF" since 1979. The conservation organization claimed that the wrestling
company had violated a 1994 agreement regarding international use of the WWF initials.
On August 10, 2001, a U.K. court ruled in favour of the World Wide
Fund for Nature. The World Wrestling Federation filed an appeal in October 2001. However, on May 5, 2002, the World Wrestling Federation
changed its Web address from WWF.com to WWE.com,and replaced every "WWF" reference on the existing site with "WWE", as a prelude to changing the company's name to "World Wrestling Entertainment." Its stock ticker also switched from WWF to WWE.


Plus - ask someone on the street what "Android" is? They're not going to answer "watch company," are they. Wing hasn't got a prayer.

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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Dr.Morningwood » March 31st 2013, 5:53am

Could he have? I lay no claim to knowing copyright laws, and I am too lazy to "Google" results, but does Wing own the name Android for anything else but watches?

I think they will reach some sort of agreement



TemerityB wrote:
boscoe wrote:Yes, Wing will win


I'm not so sure. If Wing was so upset about the use of "Android" as a trade name, he could have taken action just as the "Android" phones came out. And The World Wrestling Federation was sued by The World Wildlife Fund over the use of "WWF" even though the wrestling company was around for many years previous. Guess which one changed their name...it wasn't the animal group. Plus - ask someone on the street what "Android" is? They're not going to answer "watch company," are they. Wing hasn't got a prayer.

Now, if you'll excuse me, I have to go finish wrapping my new, original product: Dairy Queen condoms.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby conjurer » March 31st 2013, 6:50am

codguy wrote:Goliath will pay off David and simply continue on.

Same thing happened with the Seattle Seahawks use of the "12th Man" slogan, flag, etc which was trademarked by Texas A&M.
http://blog.patents-tms.com/?p=13
Goliath Paul Allen simply wrote a large check to the University for the licensing rights.

Would be nice if Liang would receive a big enough check to retire from producing his hideous "timepieces".


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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby ChronoMATT » March 31st 2013, 6:57am

I'm not so sure about you being not so sure. Your Wiki report states the wrestling group violated an agreement both parties had made. An agreement. No matter who was in the right originally, if you sign an agreement of convenience and then violate it, yeah, you'll probably get your ass sued. The wrestlers rightfully lost on appeal.

And it doesn't matter if Google's Android has greater name recognition than Wing's. Once Google enters the fray of Wing's watch world where confusion can ensue, Google has little defense if Wing wants to spend the bucks. That's why we have trademark laws.

Like Apple Computers did with the Beatle's Apple, I bet Google will cut Wing a nice check to make him go away.

Apple Computers vs. the Beatles' music label, Apple. It's a better comparison than WWF:
http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

TemerityB wrote:I'm not so sure. If Wing was so upset about the use of "Android" as a trade name, he could have taken action just as the "Android" phones came out.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Horse Feathers » March 31st 2013, 8:51am

This should be interesting. If you hold a Trademarked name it's your responsibility to consistently defend it. That's the reason why large companies take on the Mom & Pop stores, they aren't losing money or market share but they have to be consistent.. If your claim shows that you failed to consistently defend it you can end up losing or get very limited protection.

Interesting timing with Wing's Zavtra brand. I bet he agrees to a settlement, gives up the name and rolls the business into Zavtra or another brand
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Luftwafflles » March 31st 2013, 9:18am

Sorry HF, but I'd take that bet. Like his stuff or not, I believe Wing is genuinely proud of Android. And he does have a loyal customer base, and while smaller than Invictas, it is way more devout. Can't see him giving up the name. He might take a settlement allowing Google to use the name on one type of smart watch, providing Google clearly differentiates the difference between the brands.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby ChronoMATT » March 31st 2013, 9:21am

I predict Wing takes a nice payday and makes an agreement with Google allowing the use of "Android" in relation to wrist watch devices in a limited fashion. Do I think someone would really confuse a Google Smart Watch with a Wing Android watch? No way, but Wing is in a nice power position and yes, as a trademark holder, you must always defend your property or risk loosing it.

A group I was involved with experienced a similar situation. We own the trademark to a phrase that is currently used as the title of a TV show. We signed an agreement with the production company allowing them to share it.

Horse Feathers wrote:Interesting timing with Wing's Zavtra brand. I bet he agrees to a settlement, gives up the name and rolls the business into Zavtra or another brand
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Luftwafflles » March 31st 2013, 10:39am

ChronoMATT wrote: Do I think someone would really confuse a Google Smart Watch with a Wing Android watch? No way, but Wing is in a nice power position and yes, as a trademark holder, you must always defend your property or risk loosing it.
Actually, they might, considering that Wing makes that awful Galactopuz electronic travesty.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby ChronoMATT » March 31st 2013, 11:05am

I stand corrected. I subconsciously removed that unsuccessful abortion from my memory though he probably sold only around 25 of 'em.

Luftwafflles wrote:
ChronoMATT wrote: Do I think someone would really confuse a Google Smart Watch with a Wing Android watch? No way, but Wing is in a nice power position and yes, as a trademark holder, you must always defend your property or risk loosing it.
Actually, they might, considering that Wing makes that awful Galactopuz electronic travesty.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby 3Flushes » March 31st 2013, 11:19am

Since both sides have the money to fight it out in court, it is highly unlikely it will ever get there. They will settle for less than it would cost for their whore lawyers to litigate. Besides, this is far too important an issue to leave in the hands of 6 or 12 fools too stupid to get out of jury duty; or worse, who wanted to serve.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Horse Feathers » March 31st 2013, 11:28am

3Flushes wrote:Besides, this is far too important an issue to leave in the hands of 6 or 12 fools too stupid to get out of jury duty; or worse, who wanted to serve.


Sorry to go off-topic but I have never understood this mentality. I have been called for an initial County jury selection in a few weeks and have served on Federal and County Jury's several times (including being sequestered for three weeks). Yes at times it has been a hardship and could request delays/exemptions easily (my youngest is considered disabled). Put yourself in the position of the victim or the ******************* and think about the type of juror you would want if your found yourself in court.

PS. Why is *De-fend-ant* edited
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby Luftwafflles » March 31st 2013, 11:50am

Horse Feathers wrote:
3Flushes wrote:Besides, this is far too important an issue to leave in the hands of 6 or 12 fools too stupid to get out of jury duty; or worse, who wanted to serve.


Sorry to go off-topic but I have never understood this mentality. I have been called for an initial County jury selection in a few weeks and have served on Federal and County Jury's several times (including being sequestered for three weeks). Yes at times it has been a hardship and could request delays/exemptions easily (my youngest is considered disabled). Put yourself in the position of the victim or the ******************* and think about the type of juror you would want if your found yourself in court.

PS. Why is * defendent* editied
My problem with jury duty is that I do not like having to do something I'd rather not. Or the government defining what my duty is. One of many reasons I do not support the idea of a draft. I think the judicial process should pay enough that people wouldn't mind serving on a jury. For some, the loss of income is a hardship. The thirty bucks a day Detroit pays out hardly covers it, and do not hold your breath even waiting for that pittance. Not to mention taking your life in your hands having to go there in the first place.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby TemerityB » March 31st 2013, 1:20pm

ChronoMATT wrote:I'm not so sure about you being not so sure. Your Wiki report states the wrestling group violated an agreement both parties had made. An agreement. No matter who was in the right originally, if you sign an agreement of convenience and then violate it, yeah, you'll probably get your ass sued. The wrestlers rightfully lost on appeal.

And it doesn't matter if Google's Android has greater name recognition than Wing's. Once Google enters the fray of Wing's watch world where confusion can ensue, Google has little defense if Wing wants to spend the bucks. That's why we have trademark laws.

Like Apple Computers did with the Beatle's Apple, I bet Google will cut Wing a nice check to make him go away.

Apple Computers vs. the Beatles' music label, Apple. It's a better comparison than WWF:
http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer


Great points by all. The only thing I can say I know for sure about law, though: I never really know how the fuck these things could turn out, because it's never the way that I honestly expect them to. This one will be fun to follow, for sure. And one more point: Say we all agree Wing's Android's in the right, Wing's Android did it first? I still say the phone Android wins, if they have the better/smarter/more aggressive legal team. Happens all the time; the best lawyers find loopholes and clauses us mere mortals didn't even know were in the books.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby WatchDorks.Net » March 31st 2013, 1:32pm

Given the technical glitches that occurred with the Galactopuz, I wonder if it was rushed to market in order to get it out there in time to add credence to this legal action. Smart move if true.

I hope Wing wins. It's one thing to sue based on unrelated industries or products (see Monster's heavy-handed litigation against parties whose products/services could never be confused for those of the plaintiff), but when another company enters YOUR industry using your brand name, it would seem like a clear-cut case.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby fatman » March 31st 2013, 1:49pm

I would agree with WD.NET as the first post in this thread clearly states that wing has a U.S. Registered trademark for ANDROID in watches. The key will be whether wing has deep enough pockets to fight google to a win. If not I see two choices for him, fight for a while and then settle or call in the Chinese mafia to stongarm google or hack their databases to shut them down.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby ChronoMATT » March 31st 2013, 3:07pm

As seen in the OP, I thought Wing's attorneys laid it out what the key issue is: "OKO has been damaged by Google's and Modify's unauthorized use of the ANDROID mark for watches."

fatman wrote:I would agree with WD.NET as the first post in this thread clearly states that wing has a U.S. Registered trademark for ANDROID in watches.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby elau » March 31st 2013, 3:28pm

WatchDorks.Net wrote: It's one thing to sue based on unrelated industries or products (see Monster's heavy-handed litigation against parties whose products/services could never be confused for those of the plaintiff), but when another company enters YOUR industry using your brand name, it would seem like a clear-cut case.


Maybe now Wing-ding gets a taste of his own poison. How many times he copies other watch company's design and claim his?

But at the end I think he is going to have a huge settlement. I worked for a small software company years ago and the owner went up against SAP and won. He now has a $1M line item in the P&L statement annually.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby WatchDorks.Net » March 31st 2013, 3:38pm

elau wrote:Maybe now Wing-ding gets a taste of his own poison. How many times he copies other watch company's design and claim his?


What do homages have to do with the topic at hand? I know you hate anything and everything Android, but at least be relevant.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby hcharles » March 31st 2013, 5:27pm

It is odd that Wing didn't go after the Android phone when it first appeared. I find myself conflicted, supporting Wing in all of this. Let's hope David will prevail over Goliath. Guess he is the lesser of 2 evils.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby codguy » March 31st 2013, 5:39pm

And wtf is it with calling the CEO (or whatever) of Android by his first name??????????

The homers speak like they know him (but he is a nice guy on tv)

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Re: Another Wallyland Lawsuit: Wing vs. Google

Postby WatchDorks.Net » March 31st 2013, 5:54pm

codguy wrote:And wtf is it with calling the CEO (or whatever) of Android by his first name??????????

The homers speak like they know him (but he is a nice guy on tv)


Uhh... everyone here (and elsewhere) refers to Invicta's CEO as "Eyal". What's the difference?
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