The London Times reports that the estate of sci-fi author Philip K. Dick intends to sue Google in a trademark infringement lawsuit over the use of Nexus One as a trademark for its new Android-based smartphone. The trademark infringement lawsuit will allege, it has been reported, that Google's use of Nexus One infringes on a trademark held by Dick's estate for Nexus Six, the name of the androids in Dick's novel Do Androids Dream of Electric Sheep, which was later adapted into the sci-fi blockbuster Blade Runner. If you are faced with a trademark infringement lawsuit, seek trademark registration, or believe that your trademark rights have been infringed, contact one of our expert trademark lawyers today at 866.936.7447.
This trademark infringement lawsuit will be an interesting one to watch because it is not clear that Nexus Six has ever been used to indicate source. Google claims that it uses the name in a generic sense, while Dick's estate claims that the phone's use of the Android operating system and the Nexus One mark make it clear that Google has infringed upon its trademark rights. It is likely that Dick's estate will file a trademark dilution claim because the alleged Nexus One mark has not been used in association with mobile phone services.