HTC to be sued by porn company over name 'Vivid'

HTC to be sued by porn company over name 'Vivid'
Adult movie maker Vivid Entertainment has sent a cease-and-desist letter to smartphone maker HTC over the new "Vivid" phone for AT&T.

The company wants HTC to change the name or risk a lawsuit over trademark infringement.



HTC has responded with a canned release:

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


Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

HTC reportedly has until Monday to make the change.

Written by: Andre Yoskowitz @ 16 Nov 2011 17:36
Tags
HTC Lawsuit Vivid
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  • 15 comments
  • Hyasuma

    never even heard of this company...

    Being nice always has its own consequences

    16.11.2011 18:50 #1

  • jookycola

    Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.


    16.11.2011 19:34 #2

  • plutonash

    I think of the adjective vivid when I think of the htc vivid.

    "Cable thief is a victimless crime."

    16.11.2011 21:09 #3

  • llongtheD

    Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    This is just a publicity stunt, free advertisement. They know this lawsuit will go nowhere, and I doubt vivid actually has enough resources to fight in court even if they were serious. As compared to HTC that is.

    @Hyasuma, that's exactly why they filed this frivolous lawsuit.

    If your fish seems sick, put it back in the water.

    16.11.2011 22:27 #4

  • DVDBack23

    Originally posted by llongtheD: Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    This is just a publicity stunt, free advertisement. They know this lawsuit will go nowhere, and I doubt vivid actually has enough resources to fight in court even if they were serious. As compared to HTC that is.

    @Hyasuma, that's exactly why they filed this frivolous lawsuit.
    Vivid doesn't have HTC money but they certainly aren't "poor."

    16.11.2011 22:40 #5

  • motormous

    i think its a very smart move on the side of the porn company. they have now free advertising for their brand name and it reaches a market it would never have got to before.

    17.11.2011 02:29 #6

  • NHS2008

    Originally posted by motormous: i think its a very smart move on the side of the porn company. they have now free advertising for their brand name and it reaches a market it would never have got to before. Yeah, I am from India and I've never heard of Vivid Entertainment, but Now I feel the urge to Google it!


    17.11.2011 06:59 #7

  • XdjxedxdX

    Huh n this was the whole reason I was gonna get the phone . Well maybe Redlight district will put out a phone next n I can get that one.

    Fkn morons. Was just an excuse to be nice about suing em lol.

    If its got tits tires or electronics its gonna give ya problems

    17.11.2011 08:04 #8

  • aldan

    maybe vivid will settle for a vivid app on the vivid phone.LMAO

    17.11.2011 11:28 #9

  • xtago

    Originally posted by llongtheD: Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    This is just a publicity stunt, free advertisement. They know this lawsuit will go nowhere, and I doubt vivid actually has enough resources to fight in court even if they were serious. As compared to HTC that is.

    @Hyasuma, that's exactly why they filed this frivolous lawsuit.
    Vivid the company will win this easy.

    It's the same deal as the World Wildlife Fund suing World Wrestling Federation, and the wildlife group wins that was a change of name.

    This will be the same the phone will have the change it's name.

    Vivid isn't a small company either it could be larger than HTC, seeing as they produce most of the big companies movies like private which movies sell for over $100 in some countries each.

    But those movies will be blu-ray and full 1080P and some are 3D, so uses all the top tech you can use today probably use better tech than what they uses in the movies.

    But porn companies are always on the bleeding edge when it comes to tech usage.

    17.11.2011 14:11 #10

  • ThePastor

    I think a "Vivid Entertainment" phone would be quite popular!
    I wonder if their board members are thinking the same thing.


    Unfortunately for them, all Blu-ray protections have been broken and BD rips can be found around the Internet, usually before the retail even hits shelves.

    17.11.2011 14:56 #11

  • hearme0

    Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    I could have NOT said this better. This is just F'ed up.

    One can NOT trademark a commonly used word such as "Vivid" in general. Maybe it can be trademarked in THAT particular industry but for Vivid to honestly believe that people would sincerely believe a porn company is backing this phone is just insanity. Vivid needs to now be shut down and the owner penalized for being an ass.

    Oh, and Vivid porn sucks!!!!!!!!!!!!!
    Hot girls doing boring positions with guys wearing jimmies and minimal anal! DOWN WITH VIVID. UP WITH BANG BROS.

    17.11.2011 16:46 #12

  • Jim1980

    well lets face it with names like sensation and beats and desire the whole htc range is about a woman who falls in love and has an abusive husband and desires someone better

    18.11.2011 10:07 #13

  • Azuran

    Originally posted by hearme0: Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    I could have NOT said this better. This is just F'ed up.

    One can NOT trademark a commonly used word such as "Vivid" in general. Maybe it can be trademarked in THAT particular industry but for Vivid to honestly believe that people would sincerely believe a porn company is backing this phone is just insanity. Vivid needs to now be shut down and the owner penalized for being an ass.

    Oh, and Vivid porn sucks!!!!!!!!!!!!!
    Hot girls doing boring positions with guys wearing jimmies and minimal anal! DOWN WITH VIVID. UP WITH BANG BROS.
    Exactly, Since Vivid and HTC are in different industries this lawsuit won't hold up.

    18.11.2011 16:29 #14

  • llongtheD

    Originally posted by DVDBack23: Originally posted by llongtheD: Originally posted by jookycola: Quote:Lawyers for Vivid say "consumers might get confused and think Vivid is behind the phone."

    This is why America is considered a joke globally. Seriously, these morons think people are this stupid. Don't get me wrong...dumb people are the dominate species in this country and run around like the zombies in The Walking Dead. But not even they are dumb enough to be confused about a phone and a porn company.
    This is just a publicity stunt, free advertisement. They know this lawsuit will go nowhere, and I doubt vivid actually has enough resources to fight in court even if they were serious. As compared to HTC that is.

    @Hyasuma, that's exactly why they filed this frivolous lawsuit.
    Vivid doesn't have HTC money but they certainly aren't "poor."
    I realize that, but this lawsuit does seem aimed at publicity. I think they will have a hard time proving to anyone that a phone called the HTC vivid has anything to do with a porn company. Money or resources aside, this is a stunt, and it will just go away. Had HTC named it the Vivid Entertainment phone maybe they'd have something. As others have said, our legal system is a joke, and can be exploited by anyone with enough money. It's too bad there aren't harsh consequences for filing these frivolous lawsuits.

    If your fish seems sick, put it back in the water.

    18.11.2011 22:29 #15

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