Porn company Vivid sends cease and desist letter to HTC

Earlier this month, AT&T launched the HTC Vivid, an Android-based smartphone that is also one of the first such phones that will work on AT&T's small but fast LTE wireless network. It was a typical smartphone launch for a smartphone with some above average features. But we suspect nothing prepared HTC for what happened after the phone launched.

As some of you might know, there is a well known adult video production company called Vivid Entertainment. The business has been in operation since 1984 and besides its own fictional productions it has offered the famous sex tapes of celebrities like Pamela Anderson and Kim Kardashian for sale.

This week, TMZ reported that Vivid Entertainment sent a cease and desist letter to HTC, claiming that the HTC Vivid violated the trademarks of the video company. It claims that some people might think that Vivid might have something to do with HTC's latest smartphone. It has requested that HTC change the name of the phone by Monday or it will file a lawsuit against the smartphone maker.

The Verge confirmed with HTC that the company is "reviewing the complaint" from Vivid Entertainment but added that it doesn't "expect to have any further comment until it is resolved." In the meantime, people who have already bought the HTC Vivid might want to hang onto them for a while. it's possible that they could become collectors items if Vivid Entertainment has its way with HTC (no, not in that way).

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38 Comments

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What a stupid bunch of idiots.
This wont/shouldn't stand up in court as the two companies have nothing in common.
They do now own the word Vivid.

Lets face it, you're not going to walk in to a phone shop and ask for Vivid Porn. You're not going to walk in to a shop of questionable nature with blacked out windows and gimp suits hanging from the ceiling and ask for a Mobile Phone.

For the record my knowledge of what a shop like this looks like is based on an hilarious Bottom Episode.

*facepalm*

OMG! This has really gotten out of hand. I am too through with this country when we have so much time on our hands that we want to look for every possible way to sue people over a crappy name for a phone. Maybe I will sue all the people who have my first, middle and last name. I hope a judge throws this out and make Vivid Entertainment pay the State and HTC for waisting time. Tell TMZ to get a real damn job.

So why are they suing HTC for calling their phone Vivid, but not every single TV manufacturer for putting a color setting "Vivid" in their setups? come on guys!

and besides its own fictional productions

Err pretty sure their productions aren't fictional. You used the wrong word/phrase/context.

zoonyx said,

Err pretty sure their productions aren't fictional. You used the wrong word/phrase/context.

I'm pretty sure they *are* fictional.

bouncingjohn said,

I'm pretty sure they *are* fictional.

Not really... the productions do happen, so therefore aren't fictional. Admittedly, I'm not sure what you'd use instead.

-Alex- said,
Trademark for 'HTC Vivid' filed 06 April 2011 by HTC Corp:
http://tarr.uspto.gov/servlet/...r=serial&entry=85288096

Trademark for 'Vivid' filed 25 May 2011 by someone else:
http://tarr.uspto.gov/servlet/...r=serial&entry=85329858

Trademark for 'Vivid TV' filed 03 November 2011 by Vivid Entertainment LLC
http://tarr.uspto.gov/servlet/...r=serial&entry=85463780

Seems clear cut to me....

http://en.wikipedia.org/wiki/Color_television

First Color TV appeared 1953... with a "Vivid" Color setting

Seems clear cut to me.

Frivolous.

Likelihood of confusion is VERY low. I've never even heard of that site to begin with, and these are two different fields of use (Consumer electronics, cellphone vs. Entertainment, pornography)

Blame Apple for starting all this name-patent-copyright-trolling crap. It's ridiculous and just another way to press an issue that doesn't need pressing.

It's not like Vivid matters much anymore. They did once, but there's so much competition now compared to decades past (yes I'm old, shut up) with so many... uhmmm... starlets available everywhere that they simply don't have the pull they used to, or the stick-to-it nature.

Yes, this post if pun-loaded...

You don't say "I have a Vivid Phone. People would like say "Huh". You say: I have an HTC Vivid Android Phone. I guess Old style Porn isn't making money. It's all internet based these days.

oh vivid. thank you for the 80's porn i enjoyed (swiped betamax and vhs tapes from my father's stash) in my youth but you are already under the category of vintage. please, give it a rest.

Yeah, because it's really easy to confuse the trademarks, and they're both in the same business...

I hope this is dismissed, because it should be, for the above reasons.

Northgrove said,
Yeah, because it's really easy to confuse the trademarks, and they're both in the same business...

I hope this is dismissed, because it should be, for the above reasons.

Well they are close. Google just signed a contract for a porno channel on Google TV with Vivid Entertainment :-)

Northgrove said,
Yeah, because it's really easy to confuse the trademarks, and they're both in the same business...

I hope this is dismissed, because it should be, for the above reasons.

+1 exactly.

I can imagin a lot of parents getting their kids a Vivid phone, and the kids going online to search for community websites, 'Vivid' content for the phone and not really finding the stuff they want. Children accidently going to the porn site, and parents complaining to the porn sites causing much more hate to the porn industry then there already is. For what? I'm sure HTC would have at least googled its name of the product at one point and thought to themselfs, thta sure is a lot of porn thats come up with that name.. maybe its best not to use it as a product.

As some of you might know, there is a well known adult video production company called Vivid Entertainment.
I haven't a clue what you're talking about...

But really, this has got to be some kind of joke. Vivid Entertainment think they now own the word, "Vivid"?

Intrinsica said,

But really, this has got to be some kind of joke. Vivid Entertainment think they now own the word, "Vivid"?

Yeah, it's really bizarre. I can't see this holding up in court whatsoever...

M_Lyons10 said,

Yeah, it's really bizarre. I can't see this holding up in court whatsoever...

As messed up as the legal system is, if Apple can own a word like Apple, I'm sure Vivid Entertainment can own Vivid. Very stupid though

Nerd Rage said,

As messed up as the legal system is, if Apple can own a word like Apple, I'm sure Vivid Entertainment can own Vivid. Very stupid though

Apple doesn't "own" the word "Apple". It depends on what you are applying it to. If I make a candy and call it "Green Apply Candy" they have no case, now if I make a electronic device and call it "Apple Something" then yea... they have an argument.

xendrome said,

Apple doesn't "own" the word "Apple". It depends on what you are applying it to. If I make a candy and call it "Green Apply Candy" they have no case, now if I make a electronic device and call it "Apple Something" then yea... they have an argument.

if i started a corporation called Apple.. I would be sued .. even if I was selling apples.. its pretty dumb

Lachlan said,

if i started a corporation called Apple.. I would be sued .. even if I was selling apples.. its pretty dumb

Yes but that using an already registered company brand.