Porn Studio Wants HTC To Change Its Smartphone Name

Phone

First Posted: 17/11/11 10:41 GMT Updated: 17/11/11 11:13 GMT

A porn studio claims to have been violated. By an HTC phone.

U.S. entertainment site TMZ reports that Vivid Entertainment has sent a cease and desist letter to HTC, saying that the HTC Vivid infringes on its trademark.

Vivid is no small player in the night time entertainment industry. It's the company that brought us such household names as (link NSFW) Kim Kardashian's and Paris Hilton's sex tapes.

Still, it's a bit of a stretch to think that consumers might get confused between Vivid the phone, and Vivid the naughty film makers.

Are the minds of Vivid's video viewers so addled they can't distinguish the two? Well, possibly.

TMZ says that the letter threatens HTC with court if they don't change the phone's name by Monday.

No word yet on whether HTC could remdy the situation by creating a branded, specialist phones for the confused Vivid fans.

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A porn studio claims to have been violated. By an HTC phone. U.S. entertainment site TMZ reports that Vivid Entertainment has sent a cease and desist letter to HTC, saying that the HTC Vivid infri...
A porn studio claims to have been violated. By an HTC phone. U.S. entertainment site TMZ reports that Vivid Entertainment has sent a cease and desist letter to HTC, saying that the HTC Vivid infri...
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12:38 AM on 11/18/2011
its all because a company has to be seen to protect its brand name othewise the brand is perceived to have "lapsed"
08:12 PM on 11/17/2011
I wonder how many have now linked to these sites due this advert via the courts, willing picked up by this media?
06:23 PM on 11/17/2011
Wow , we're all holding our breath on this hot piece of news (not)
05:17 PM on 11/17/2011
Is it NOT Vividly clear what's is in this Name, and what it can be seen to stands for???

They therefore, should all go along to, Specsaver's.
04:45 PM on 11/17/2011
Chevy had to stop making Berettas because the gun company made them, and you would have thought people could tell the difference between a car and a gun. If Chevy had to stop, HTC will probably have to stop too.
02:38 AM on 11/18/2011
Maybe the difference would be that Beretta introduced their name to a world that hadn't heard it before. However the word, vivid, is just part of the english language and can't, therefore, be owned by any company. If it could, we would soon run out of words that are used in the name of any product or company. This law suit is just a case of avaricious people getting some extra publicity at someone else's expense..
02:03 PM on 11/17/2011
Sally if there is no place for porn in todays society why do you think this company is worth Billions not millions but Billions just because you may disagree with it doesnt mean there is no place for it , obviously there a just a few people who think there is
01:42 PM on 11/17/2011
Is it not the case that trademarks are filed and granted on a per trade/category basis? If so, then Vivid Entertainment would presumably have trademarked the word 'Vivid' for the purposes of marketing adult and other entertainment products (DVDs, CDs, production, etc...). Surely they haven't trademarked the word 'Vivid' for the purposes of consumer electronics?

Of course if I'm wrong here, then trademark laws are really screwed and in need of reform. Nobody should be able to trademark a word on a blanket cover-all basis. That would just be ridiculous! Trademark law exists, surely to protect the consumer from unscrupulous charlatans seeking to cash in on a quality brand name with sub-par (fake) products. Nobodies going to confuse the HTC Vivid with a porn production company and its wares because they both use the same (dictionary) word, and nobodies going to confuse an Australian grocers (Woolworth) with Apple inc. simply because they both use an apple in their logos.
06:36 PM on 11/17/2011
A while ago, Victoria Beckham wanted Peterborough United Football Club to stop using their nickname, The Posh, as she had trademarked it. The told her to get lost and nothing was heard of it again.
01:13 PM on 11/17/2011
If they are a porn firm, then they should be closed down. There is NO place in modern society for such things!
01:55 PM on 11/17/2011
Hahaha on what grounds, moral sanctimony?
02:50 PM on 11/17/2011
General common decency!!
03:37 PM on 11/17/2011
i know at least 1 place for porn and i go there as many times a year as i can. theyre even quite modern too.....they got starbucks and even the rotary club for those who have to justify a reason to be there to the wife. pattaya. :)
07:17 PM on 11/17/2011
I went to Pattaya once as far as I can recall the whole place is one large porn shop I went in to bar just for a beer and with minutes an expert was exploring my naughty bits and no before you ask I just had my beer.......I wouldn't mind going back but as Woody Allen said "never drive in a place where they believe in the after life" I saw 3 fatal accidents and I was only there for a week