January 2010
Google’s Nexus One in breach of sci-fi novel?
Only days after its launch Google are already facing possible legal action against their highly anticipated smartphone the Nexus One.
The threat stems from Isa Hackett daughter of the renowned sci-fi writer Phillip K. Dick who has claimed that Google have infringed her father’s intellectual property in his famous novel “Do Androids Dream of Electric Sheep?”.
The novel, which inspired the Hollywood hit movie Blade Runner in the 80’s, was published in 1968 and follows Rick Deckard a bounty hunter on his mission to destroy Nexus-6 androids.
The fact that Google has named its smartphone Nexus One and the new operating system it is based on “Android” has led Isa to believe that there is a very obvious connection with her father’s novel.
Google was reportedly notified of Isa’s complaint prior to the launch of the Nexus One however responded by stating that they had named there smartphone independently of the novel and based on the literal meaning of ‘Nexus’ to represent the meeting of computer and phone.
In addition they stated that as Phillip K. Dick had not registered the Nexus name as a trade mark they could not in turn be held liable for trade mark infringement.
Briffa Comment
UK copyright protection does not exist in a name or title both of which where possible are better protected by trade mark registration. Consequently use of a name for a character in a book or film does not automatically grant the author of such works protection against use by others of such character name.
Where the character name is distinctive and therefore registerable as a trade mark this will provide the greatest level of protection.
Alternatively where the owner of copyright in a book or film has built up considerable reputation in such work he may be able to rely on the concept of passing off. However, in light of recent European case law the ability to rely on unregistered trade mark rights for protection of character names or titles has been greatly limited.
In the above instance as Phillip K. Dick has not registered Nexus as a trade mark and the fact that it is a commonly used word makes it very unlikely that his daughter will be able to prove any intellectual property infringement by Google.
A similar situation to the above which highlights the benefits of trade mark registration is that of Verizon Wireless who were required to licence the “Droid” name from Lucasfilm Ltd for their Motorola smartphone as Lucasfilm had registered their character name Droid as a trade mark.
For more information on protection of characters in books or films and registration of trade marks please do not hesitate to contact one of our lawyers via info@briffa.com.