While Apple and Samsung continue to square off in courtrooms, mobile phone company HTC America is facing a lawsuit of a different sort. Adult movie studio Vivid Entertainment has sent a formal cease and desist letter demanding the HTC Corp. division stop using the trademarked name Vivid for one of its latest smartphones.
The letter to HTC America chief executive Peter Chou contends that the name of the HTC Vivid phone (pictured) “creates the false impression that your company and your company’s products are affiliated, connected, or associated with and or sanctioned by Vivid Entertainment,” especially because its video and other entertainment capabilities are featured in advertisement and marketing materials.
Attorney Mark S. Hoffman’s letter continued, “We believe it is possible that your company is not unaware of this conflict.”
Steven Hirsch, founder/co-chairman of Vivid Entertainment, backed Hoffman up in a statement that read: “For the past 27 years Vivid has worked hard to protect and build its brand. We believe this is a clear infringement and will use all legal remedies available to protect our trademark.”
HTC America has not yet had an opportunity to respond.
Cease and desist letter – http://tinyurl.com/86wcvta