Philip K. Dick's estate lawyers up, says Nexus One name is 'clear infringement'
By Nilay Patel 
posted January 6th 2010 4:15PM
posted January 6th 2010 4:15PM
posted January 6th 2010 4:15PM
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why? you said it yourself: "we're not sure consumers would somehow be confused into thinking there was some association between Dick and Google"
i say let google fight them. i hate stupid lawsuits.
@spasewalkr
i agree, that's one of the MANY things wrong with this country now. All these freakin Frivolous lawsuits.
I think you should counter sue and automatically win anytime someone starts a stupid ass lawsuit against you... And automatically win like 1-5 million... Maybe then people would chill out and STFU, crybabies..
I hope Google lawyers give Dick a swift kick in the balls.
@spasewalkr "STFU"
lolz
@elijahblake
And that's why god created FRCP Rule 11
@spasewalkr
Isa Dick!?!
ISA DICK!?!
How ironic a name is that?
@spasewalkr This is not a trademark issue because Dick's estate does not use the name as a trademark. This is not a copyright issue either because you cannot copyright words and short phrases. This looks like an issue of an estate lawyer stepping out his element.
@Why should I have all the fun:
Not ironic at all, actually, given the stupidity of this lawsuit.
(And I'm a PKD fan).
"That said, we're pretty sure the smart move for Google is to just cut a check and earn some feel-good PR here"
Dear engadget,
Gadget blogging was my idea! Please submit payment immediately to make me go away and get good PR.
Sincerely Yours,
Why should I have all the fun.
cc: Lame-Ass Attorneys at Law, LLC
The estate has no trademark? No case at all, then. No case, but they're suing anyway. Techdirt is full of stories like this. Depressing.
@treats I would like to see that as well, particularly since Philip K. Dick has been dead a while now.
@Why should I have all the fun And that's why all men aren't created equal. Some were born to have a laughing stock name on them.
If I can recall, on the presentation of Nexus One, Developers manage to state that the origination of Nexus came from a dictionary
not on this sci-fil film derived from Mr. Dick's book. Anyway, I'm sure goog has an android for that! Nexus One lawsuit details: http://bit.ly/nexus-one-updates-mashup-details
@theylive "The estate has no trademark?"
Nilay means the estate has no registered trademark. But, you can still get common-law trademark rights through use (i.e. if you started selling a soft drink called "TheyLive Cola" but didn't file for a federal registered trademark, you would still have trademark rights as of the day you started selling your cola).
I'm not saying that the PKD estate acquired common law rights either (as someone else pointed out, Dick's use of Nexus-6 was not as a trademark, so it is doubtful it would have acquired common-law trademark rights), but that would be the basis of the estate's claim to rights.
haha he said Dick
@ConceptVBS balls..? what does that do for you :D
@gargle
I met a girl whose last name was Butt. She had a great one too. :)
@ConceptVBS
I had a friend with the unfortunate name of Harry Balls- no joke. His parents must have been drunk when they filled out the birth forms. Or maybe it was a rough delivery and they already hated him.
He sure is a dick..
@Jakob
DICK by name. DICK by nature
@Jakob
He's dead, he has no say in this.
@Imran She's a dick then..
@Jakob Well she IS his daughter :p I honestly think if he was alive he wouldn't actually give a crap.
@Imran But would he give a piss?
What a dick move.
Google search for Nexus:
http://www.google.com/search?q=nexus&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
There's like gazillion Nexus variations for various use.
@artissco
But only ONE use that is actually being used for a major product that is about to be launched nationwide and soon to be overseas in Europe.
So yeah your argument fails. The Google Phone is the only item I can recall that is using Nexus in an significant way.
@artissco
Maybe Google engineered their search engine to make it LOOK that way.... just kidding, but kind of ironic that you're using the defense's search engine to prove your point.
@artissco Really, his estate should sue everyone from Google to MS, because they're all basically ripping off VALIS in the end.
PS: Orson Scott Card should sue every tablet maker, because he envisioned it so well in Ender's Game.
And what about those satellites... oh wait...
Philip K. Dick didn't coin the term Android nor the term Nexus.
I think this one is a stretch.
no wonder the name sounded familiar
LMAO...
Android fanboys losing their minds in 3, 2, 1....
For the record he's not a dick. He's a man who came up with the term and he has EVERY RIGHT to sue if he wants to.
More power to him.
Perhaps Google should have thought more about it....
@TheRogueFFAngel Philip Dick is dead, dude. This is his daughter tryin to make money off of his work.
@TheRogueFFAngel
>He's a man who came up with the term
Yeah, except you know, not.
1663, "bond, link, means of communication," from L. nexus, pp. of nectere "to bind," from PIE base *ned- "to bind, tie" (see net (n.)).
or
Origin:
1655–65; < L nexus a binding, joining, fastening, equiv. to nect(ere) to bind, fasten, tie + -tus suffix of v. action, with
@TheRogueFFAngel
Yep.
These companies have to know you cant just usurp names that infringe on other people's IP just because. "Nexis One" obviously wasn't just pulled out of thin air at Google HQ.
@TheRogueFFAngel
See I was right....
If this were Google suing you'd all be for it. Or if it was Apple being SUED you'll scream YESSSS!
Hypocrites one and all.
@TheRogueFFAngel
He came up with the term 'Nexus'?
I suspect you don't know your Latin sir.
And besides that, you don't seem to recognise that words can be used more than once, by more than one person.
Wikipedia for example:
http://en.wikipedia.org/wiki/Nexus
@TheRogueFFAngel
no one here is a hypocrite, you're just a moran.
(and now I wait for you to correct my spelling of "moron" and in doing so, further proving my point)
@andthemaniam
Are you referencing this beauty?
http://www.thundersquee.com/wp-content/uploads/2009/09/moran.jpg
@iamian
but.. but.. it's got a NUMBER at the end!
"we're not sure consumers would somehow be confused into thinking there was some association between Dick and Google"
I saw this on Consumerist earlier today. I never made the connection between the Nexus One & 'Blade Runner' or 'Do Androids Dream of Electric Sheep'...Now I'll always connect them (lol)
I say let Google fight.
@Sunshine1970 "we're not sure consumers would somehow be confused into thinking there was some association between Dick and Google"
What happens if I search for Dick on Google?
@ChazClout Go for it.
@ChazClout
Try Google Images aswell.
@ChazClout
I think craigslist might be a little more efficient for you...
"thinking there was some association between Dick and Google"
Perhaps a google search for "dick" to see if it returns any results?
@roxics I made that pun 2 mins after you.
You win this one.
This time I'm going to look for Google on my Dick.
The citizens of Coldarra should sue Google for for stealing the name Nexus from their ice Dungeon. Better yet they should attack Google's headquarters with their Mohawk Grenades!
Who are these money chasers? They think that they can take on the mighty Google. LOL
Incredibly stupid frivolous lawsuit filed by the daughter of the guy who actually created the work. This isn't the creator - it's his daughter who feels entitled to free handouts for something she had nothing to do with. I hope Google stretches this case out long enough to bankrupt that idiot.
did they sue Paramount for naming the great evil cosmic string the Nexus in Generations?