HTC Vivid Entertainment

See, folks, you've gotta be careful when you're naming things, otherwise you might find yourself on the wrong end of porn. Wait. Back that thang up. Erm, we mean let's back up. Uhhh, start at the begnning.

Adult entertainment company Vivid Entertainment -- perhaps you know their work -- apparently has sent a cease-and-desist letter to HTC, claiming that the new HTC Vivid -- one of AT&T's first LTE Android smartphones -- is infringing on its trademarked name. The Verge confirmed the letter with HTC and rightfully notes that this could be Vivid Entertainment vigorously defending its trademarks (and of there's one way Vivid knows how to work, it's vigorously), as you're required to do in such cases.

But also remember that Vivid has already announced its own Google TV channel, so the lines are being blurred a little bit. That doesn't mean you're likely to see a dedicated porn phone anytime soon, though you'll recall how someone already thought there was one. And this isn't the first naming spat HTC's seen -- the HTC ChaCha's been targeted by an online search engine of the same name, and it was changed to the ChaChaCha in Spain because of translation issues.

Source: TMZ; More: The Verge

 
There are 33 comments

dcreed says:

Well written, Phil.

emailpr says:

This is why trademarking names should not be allowed. It is one thing if a competitor porn company had the word "Vivid" in their name/brand.. but for Vivid-the porn company to think that a cell phone with the name vivid in it would somehow be bad for the porn company's business .. is ludicrous.

wraith404 says:

I think more specifically, trademarking a single word from the dictionary is asinine. In this case one would think the damage being done is quite the opposite of what vivid tatas believes.

izzyncade says:

This reminds me of the WWE fiasco... because we all thought of pandas giving each other pile drivers. Vivid (the company) would be wise to embrace HTC and atempt to use the name to help sell a product... a product I don't watch... I swear... no really.... ah, next question please....

Adam Sawyer says:

"that this could be Vivid Entertainment vigorously defending its trademarks (and of there's one way Vivid know how to work, it's vigorously"

laff!

alexnaoumi says:

i LOL'd so hard at "back that thang up"

indrema says:

"Uhhh, start at the begnning."

As comical as this article is, your spell checker seems to be broken.

NexusKoolaid says:

I hope pointing that out makes you feel better.

indrema says:

It does not, just can't help my OCD.

frmorrison says:

It is surprising that the writers can't run a simple spell check, and it is a consistent error in these articles. Firefox and Chrome have it built-in the browser.

rgrmatt69 says:

Why is Vivid being so "anal" about this?

See what I did there? ;)

ricbon says:

+1

wraith404 says:

Yeah, they must be worried about market penetration.

erwaso says:

Haha! Looks like Someones lawyers are bored :/

TheBigFerret says:

This phone looks more like a HTC JOHNSON.

bbalak says:

The Android Phone is for porn... The Android Phone is for porn...

izzyncade says:

I can see a movie coming from this...

scene is set in low light, its night time at the law office...

A big chested blonde rushes into the office with a phone in her hand

The lawyer turns to her and rips the phone from her out reached hand

She gasps.. a hell, you get the point...

Xopher says:

Seeing that their name is Vivid Entertainment, it would be hard for them to say that anything called Vivid would be an infringement. After this coming up, it would be interesting to see if HTC wants a device out there that has a similar name to a porn company. I guess it would depend on who their market is for the phone.

LamaFc says:

It would be nice to see Google stand up for HTC and block Vivid from GoogleTV as long as the cease-and-desist order is in effect. This is a "Corporate America" type move and IMO goes against all things Android.

Dear Vivid-

No one gives a shit about your retarded ass company name and how you think the name of a phone is an infringment is beyond lacking in wisdom.

Dear HTC-

Fight this with every grain in your muscle. Please stop the cancer that is corporate america from blighting the progress of the world with shit as stupid as copyrights and trademarks. Not to mention this most likely would be laughed out of court anyways.

Dear Porn-

Get a girlfriend!

izzyncade says:

corporate America ...... really? As if HTC is not a corporation? Stop the anti capitalism drivle or go to the huffpo they like that crap there...

maqclark says:

HTC should tell Vivid to go screw themselves! Oh, wait :/

droid_ace says:

Isn't vivid an actual word? 1)Producing powerful feelings or strong, clear images in the mind: "vivid memories". 2)(of a color) Intensely deep or bright. I can understand trademarking a name, like Google, RedTube, etc..., but a word?

Habious says:

Just so you know...Google was a word in the dictionary before it was the biggest company on the planet. Originally spelled "googol" - coined in 1938, it's a very large number (a 1 followed by 100 zeros).

hairball45 says:

Barney Google, a comic strip character, with the "goog-goog-googley eyes" dates to around 1919.

ozoneo says:

Neither of those references are a match. The most obvious one I know is "The Google Book" from 1913, a fanciful picture book about a great ugly bird called a "Google" that lives in "Google" land... and all sorts of other weird creatures as well.

ChillFactorz says:

I see Vivid Entertainment, doing this as publicity. How many news sites do you think this article is on? How many people do you think googled 'Vivid Entertainment"? How much revenue do you think Vivid has earned, from this press? I would say good marketing ploy, otherwise mainstream news sites would never advertise this business.

The big question is, is Apple going to sue Vivid Entertainment, for stealing their business practice? "Hey we came up with suing other businesses for phony and unscrupulous claims, you owe us for damages."

Rob White says:

Steve did say porn had a home on Android right? I never thought he meant the phone itself was porn. Who knew...

Dre89 says:

This could be the greatest partnership in Android so far, but no, Vivid has to go and bone it all

whydidnt says:

This is stupid and a waste of everyone's time and money. Trademark's are only good for the specific industry you are in. Last I checked Vivid was in the Porn industry not the Phone industry. Not even a moron in a hurry is going to confuse an HTC Vivid phone with Vivid Video. But this is what we get when we continue to allow these silly trademarks, copyrights and patents to rule and limit our lives.

jnemesh says:

Come on guys! The solution is SIMPLE! Brand the phone as the first "Adult" smartphone, pre-load Vivid's content and app, ????, PROFIT! Seriously, guys, this would SELL!

h2orange says:

This accomplishes one thing. With their absolute close proximity to HTC, Vivid may only benefit by the ensuing conversation which will certainly be rooted in their forthcoming Google TV channel.

That's all this does. That simple.

They play the ish out of us.. So bloody tired of all these games.

msgnyc says:

I think it's retarded, but I never liked the Vivid rename anyways. Just call it an HTC Raider again. I liked that better then Vivid and Holiday anyways.

3rdpig says:

Defending a trademark that's also a word in common use is nearly hopeless and Vivid knows it. Hasbro is no better off, transformer and prime are common use words and giant robot movies have nothing to do with mobile electronics. Even "nexus" is a fairly common term and was long before Philip K. Dick used it. All this crap does is fill up courtrooms and put lawyers to work. It's bullshit.