Naming mobile devices is a tricky business, it seems. The US patent office has rejected Google’s trademark application for the Nexus One mobile phone, on the grounds that Integra Telecom already holds a trademark for “Nexus”, covering telecoms services.
The name dispute adds to Google’s woes on a day that figures from Flurry, the internet analytsics company, suggest the Nexus One has been something of a flop in its first 70 days on sale, notching up only 135,000 units, compared to 1m iPhones sold by Apple in its first 74 days, and more than 1m for Motorola’s Droid in a similar period.
The Nexus name issue is reminiscent of the trouble Apple had in 2007 when it discovered that Cisco already had a phone product named iPhone. The two companies eventually settled the case. More recently Apple unveiled the iPad netbook device, only for it to emerge that there were many existing iPad trademarks already registered, including for tech companies Fujitsu and ST Microelectronics.
Google is also already under fire from the estate of Philip K Dick for using a operating system called Android on a mobile phone called Nexus One. The family claims there is a dangerously close connection to Mr Dick’s short story, Do Androids Dream of Electric Sheep, basis for the film Blade Runner.
A rejected trademark application could make it difficult – although not impossible – for Google to continue using the Nexus One name for its phone in the US. Google could still use the name without a trademark, but would have little protection against anyone wanting sell copycat phones under the same name, according to Fiona McBride, partner at Withers and Rogers, the patent and trademark firm. Google would also be vulnerable if Integra Telecom wanted to cash in on bringing a trademark infringement suit against the company.
Integra’s Nexus is a service allowing business telecoms customers to combine voice, internet and long distance calls into one connection. There is little specific mention of mobile, but Integra’s patent does cover “high-speed access to a global computer network”.
Google said: “We continue to claim rights to the Nexus One trademark in the United States, and plan to respond to the Patent Trademark Office’s action.”
Google has six months to appeal, and its likely that it can settle this like Apple has its iPhone issues.
However, its not a great advertisement for the world’s leading internet search company. It would not have been hard to perform basic checks to see if anyone was already using the Nexus name. Why didn’t they just Google it?
