HTC are becoming the whipping boys of the mobile world, with multiple lawsuits from Apple and a couple of other companies reference patent infringements of late. The last thing HTC would have expected was Vivid Entertainment – a porn company – sending the mobile giant a cease and desist letter over naming rights.
According to TMZ, Vivid’s legal council filed the notice as they are worried that consumers may confuse HTC’s LTE enabled smartphone – the HTC Vivid – with Vivid’s adult entertainment empire (just let that sink in for a moment).
To be honest this just sounds like a massive joke, but Vivid Entertainment are deadly serious about protecting their brand, as classy as it is. If HTC don’t agree to change the name by next Monday, the porn company are going to take them to court. There is no doubt that Vivid entertainment may have some good legal council, but surely HTC’s legal team have fought some tougher battles in the past.
As I said I am not to sure what perspective Vivid Entertainment are using to claim they have a case against HTC, but Vivid’s attorney Mark Hoffman has released a statement trying to explain this, here are the relevant bits;
“HTC America’s use of the Vivid trademarks creates the false impression that your company and your company’s products are affiliated, connected, or associated with and or sanctioned by Vivid Entertainment.” He added, “We believe it is possible that your company is not unaware of this conflict.”
Mr. Hoffman gave HTC America until Monday, November 21 to respond to his letter and cease using the Vivid trademark or “our client will have no alternative but to pursue all legal remedies.”
“For the past 27 years Vivid has worked hard to protect and build its brand. We believe this is a clear infringement and will use all legal remedies available to protect our trademark,” said Steven Hirsch, founder/co-chairman of Vivid Entertainment.
Who knows, maybe the two companies could join forces, it would allow HTC to target a whole new customer base.. but on a serious note, HTC are keeping quiet on the matter and will not be releasing a statement until it is necessary.
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