While a rose by any other name would smell as sweet, Google will not have to see if the same concept applies in the case of its mobile operating system. A judge has thrown out an Android trademark lawsuit and given Google the right to continue using the word "android."
Granted, it was unlikely that Google – with its market cap of $193 billion and army of lawyers – would ever have actually needed to develop a new name for the OS. The company could have tied up the suit in the court system until doomsday, or just paid the plaintiff to hand over his papers and go away.
Still, Google’s now officially won. Erich Specht, who at one point operated a firm called Android Data, will not get a penny of the $94 million he was seeking to cover Google’s use of the term.
As reported by Jason Kincaid, a court document stated, "Google is entitled to a declaratory judgment that Plaintiffs abandoned ANDROID DATA and the other Asserted Marks. Plaintiffs do not possess valid or enforceable rights to the marks."
Later, the document added, "Defendant Google’s Motion for Summary Judgment is granted for Counts I-V of Plaintiffs’ Second Amended Complaint, and for Counts I and III of Google’s Counterclaim."
Fans of Google’s mobile operating system should be pleased by the clear (if predictable) victory.