Garmin's Nuvifone comes under fire for trademark violations

Garmin probably thought getting into the mobile phone game would just be smooth sailing, but it looks like they've made a deadly miscalculation. Okay, that might be over-dramatizing the situation, but the PND-maker is facing a new lawsuit over its upcoming 3G wonder-device, the Nuvifone. Apparently, internet telephone provider Nuvio Corp. feels that Garmin has crossed trademark boundaries just a smidge, alleging the nav company is stepping all over its good name. "Our customers commonly refer to our service as the Nuvio phone," said Jason P. Talley, the company's CEO. Not only is the provider calling for a cease-and-desist on the use of "Nuvifone," but it also wants kickbacks for past infringement, and termination of the word "Nuvi" on any device made by Garmin. Garmin spokesman Ted Gartner says the company has been using the Nuvi name since early 2006 in North America, and earlier in Europe. He went on to add that they don't discuss pending litigation -- though we understand to friends and family he was like, "Pfft, whatever."

[Nate the Prophet @ Feb 27th 2008 5:29PM]

Garmin should just buy the company as an FU

[ssdforums @ Feb 27th 2008 5:29PM]

Whatttt Nuviophone? Who's ever even heard of that! That's not even what the company refers to its own product as. They say that's what their "customers" call it. And all of this after Garmin has been making the Nuvi for years. What is this, a presidential race...

[CUBSWILLWIN @ Feb 27th 2008 5:30PM]

coudn't they have just sued them when they first started using the word nuvi? Helluva easier choice. smarter too

[Jordan @ Feb 27th 2008 5:33PM]

Cubswilllose

[-Tj- @ Feb 27th 2008 5:42PM]

Why, Cubswillwin! How would they stand to gain any capital if they sued before Garmin made any money? I think they made the right decision by waiting for Garmin to make money off "their good name" before suing them.

/sarcasm

[austin @ Feb 27th 2008 8:36PM]

CARDSWILLWIN

[MasterCKO @ Feb 27th 2008 9:05PM]

They didn't defend their trademark before. I find it hard to believe that a judge will find in their favor on that second part they threw in (the plain nuvi part). Nuviphone, maybe...

[Itchy Pajamas @ Feb 27th 2008 5:31PM]

But Garmin has an umlaut. It's a whole differnt word.

[myles @ Feb 27th 2008 5:34PM]

If this litigation delays the release of the Nuvifone, I'm going to be mad. Friggin greedy Nuvio Corp.

[KC @ Feb 27th 2008 5:38PM]

So, let's see here...

The Garmin device is a one word name 'Nuvifone' and this other company says their customers think of their service as Nuvio Phone

One word, 3 syllables vs. two words 4 syllables.

I can very easily differentiate the two, I think the judge will be able to see the differences as well

[Corazu @ Feb 27th 2008 5:40PM]

That's a load of bull. I can't see how there can be a case, you can't claim trademark infringement on street slang. I mean, sure if you actually trademarked it, but it's just slang...

[whatsdamattau @ Feb 27th 2008 7:01PM]

Hee-hee, he said slang.

[PEZ @ Feb 27th 2008 6:12PM]

What in the CHRIST is a Nuviophone? I dont see any issues disserning the two. Anyone else? Lets see:

NuviFone = Nuviophone.

Nope. Can't. I suppose is Garmin used NuviPhone, then Apple would be pissed at them. It is probably simpler for them to use this one, and just slap the other company (nuvio was it?) in the scrotum and buy them just to shut their ugly asses up.

Thank you and good evening.

[Blaktornado @ Feb 27th 2008 6:15PM]

enough people will buy this to balance out an financial losses from violations anyway.

[Perley @ Feb 27th 2008 6:34PM]

Sounds like the Corporation why is doing great. I have a small company not doing well so how do I increase my "profits"? Why I think I'll sue someone. How those guys are close enough. Yes Shakespear was right......get rid of the lawyers.

[Saad Rabia @ Feb 27th 2008 7:05PM]

I had a little visit at http://www.nuvio.com/ and I found out that they have nothing on their website that says anything about a Nuvio and phone in one same word! So, Nuvio can kiss my a**.

How about my local food store sue "Apple" for using the name? His customers have been using the word "apple" for thousands of years! or how about "ZoneAlarm" suing Microsoft for using the name "Zune"? or maybe "DreamWorks" should sue "MediaWorks" for using "works" in theri name?

Although I never heard of Nuvio before and would never have a deal with them I can declare my absolute hate for them.

[itsnotabigtruck @ Feb 27th 2008 8:36PM]

I think they might have just added this to their page:

"When using your Nuvio Phone with nPBX options"

[Saad Rabia @ Feb 27th 2008 9:04PM]

@ itsnotabigtruck: I just saw it; but even if they did add it long time ago (in the beginning of time), it dose not qualify as a one word brand, for example, I sell NOKIA's, so my customers could say: "I love using my NOKIA phone"; the use here is of an object description not a product name, so basically if I have a company called "NewV" I'm totally free to call a phone product that I produce "NewV Phone". One thing I can say: "Nuvifone" is a one word name, and Nuvio dose not sound like Nuvi.

I really would love to watch Nuvio getting their a**s kicked by Garmin lawyers on this one. lol

[BollockChops @ Feb 28th 2008 5:18AM]

EasyJet do that all the time. They think they own Easy* and EZ* - the courts seem retareded enough to help...

[stankychicken @ Feb 27th 2008 7:22PM]

Between the EU and our court system here, I think everyone of us will be sued
at some point in our lifetime.

[Nate @ Feb 27th 2008 7:30PM]

This sounds familiar. Didn't this happen with Cisco and Apple over the iphone trademark?

[Jason @ Feb 27th 2008 7:34PM]

Sure, and AOL should sue them too because it sounds like Moviefone. Since Engadget is AOL based, I'll take .5% for the tip.

[skulldriveshaft @ Feb 27th 2008 7:39PM]

"but it also wants kickbacks for past infringement"

gotta talk to the people that make a living off of this.

leeches would be proud.

[CaptCaveman @ Feb 27th 2008 9:13PM]

Wait a sec. I could be wrong here, but isn't Nuvi and Nuvio two different words? So you can sue if another company has enough of your letters in their product's name now?
Not to mention it would be pretty hard to confuse the two.
One is a very popular product released by a huge GPS company. The other is a um, wait what do they do again?

[Mihir @ Feb 27th 2008 9:56PM]

One word - WOW!
My family members commonly refer to me as "gadget guy"... may be I should sue engadget.

Calling all lawyers..

[Doc Tulin @ Feb 27th 2008 11:01PM]

And anyone who believes anything Nuvio Corp says is just plain foolish. Poor products, service, incredible lack of reliability....and heaven help you if there is an error on your bill, as it will take at least 4 months before you ever see a correction....in a nutshell, they have nothing of real value to "infringe upon." No one in their right mind would want that association.

[Marc @ Feb 27th 2008 11:37PM]

its so stupid that they call it the nuvio phone but its just a polycom phone with their service. nuvio phone... hah Bullshitiophone more like it

[CB @ Feb 28th 2008 1:31AM]

oh noes, nuvi!

[geognerd @ Feb 28th 2008 5:55PM]

Just a publicity ploy by Nuvio. I've never heard of this rinky-dink company until I read this blurb on Engadget. No way will there be any confusion between a Garmin nuvi phone and Nuvio. If anything, Garmin using the name nuvifone or nuviphone would only help Nuvio as people unaware of the company might mistake it as being some sort of Garmin nuvi thing. So Nuvio better can it. May they go out of business.

[decadeofevil @ Feb 28th 2008 10:53PM]

im gunna buy the rights to wiimote and sue nintendo for having a wii remote