Erich Specht, et al., v. Google, Inc.
In a decision that provides useful guidance on what constitutes
abandonment, the U.S. Court of Appeals for the Seventh Circuit
upheld a district court ruling that Google did not infringe on a
third party's alleged rights in the mark ANDROID DATA after the
mark had been abandoned based on non-use. Erich Specht,
et al., v. Google, Inc., Case No. 11-3317 (7th Cir., Apr 4,
2014) (Rovner, J.).
In 1998, Erich Specht started using the ANDROID DATA trademark
in connection with a business that licensed his e-commerce software
and offered website hosting and design services, as well as
computer consulting services. He filed a trademark
application for the ANDROID DATA trademark, and the registration
issued in 2002—just as Specht's business started winding
down. After 2002, his use of the ANDROID DATA trademark was
extremely limited. Specht kept his phone service for the
company until 2003, he kept his website at androiddata.com
