news Essential accused of trademark infringement by accessory maker Spigen

[Cebe]

Essential hasn’t yet shipped its first smartphone, but Andy Rubin’s new company has already come upon its first trademark dispute. Spigen, a fairly well-known smartphone case and accessory maker, has sent Essential a cease and desist letter demanding that Rubin’s latest business stop using the “Essential” mark. Spigen holds a trademark for the Essential mark that covers a slew of consumer products — though not smartphones directly. Android Police has a good writeup on the situation.

Source: https://www.theverge.com/2017/6/3/15734544/essential-spigen-trademark-dispute

 

[anantj]

Hm, if the TM has previously been denied, I wonder if essential.com might be subject to a UDRP and potentially successful result at it...

 

[offthehandle]

I took a screen shot from google listing of the Lawyers office. It appears they sell fake viagra too. Can't upload it for some reason.

The ICE has taken away someone there for Visa Fraud too.
https://www.ice.gov/news/releases/head-former-los-angeles-law-firm-sentenced-visa-fraud-scam

 

[Dave]

I am no legal expert but if one of the trademark classes isn't smartphones, phones, handheld devices or the like then I can't see how this cease and desist can be successful..

 

[MapleDots]

Hmmm, spigen makes cell phone case and they have a sub brand called Essential. Seems to me there is a bit of a conflict there since Andy Rubin's Essential is now also being branded as a cell phone. It's not like Essential was branded as a refrigerator..... so to me it does look like a big cheque needs to be written to make this go away.

Then again... he could allow them an exclusive on the case and maybe that would help settle things.

 

[offthehandle]

Essential.com was bought for $27k, sold for $250k. Great profitable sale.
https://www.domainsherpa. com/review-20151109/

Checked, don’t see any UDRP’s.

Now maybe sometime the domain might be back on the market?

I wonder if huge prior publicity attached to one product, prior usage and previous failed brand name will negatively impact the resale value in the future? The name stands alone as a great domain name and brand, it’s just interesting to see what happens.

Really it’s too bad, that they did not make it. I wish a new phone operating system would emerge. Apple and Google/android maintain a dualopoly stranglehold.

https://www.pcmag. com/ commentary/357625/fund-compelling-products-not-charismatic-men

“Android creator and Essential founder Andy Rubin's downfall should take a long hatpin to the cozy VC culture of funding charismatic men rather than compelling products.”

“Earlier this year, Essential raised $300 million without trying very hard, from a mix of local and global investors clearly attracted by Rubin's name. ”

“That funding was grotesquely disproportionate to the supposedly 5,000 phones Essential has sold through its main carrier partner, Sprint, according to Bay Street Research.”