Another Wallyland Lawsuit: Wing vs. Google

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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by Luftwafflles » March 31st 2013, 7:05pm

WatchDorks.Net wrote:
codguy wrote:And wtf is it with calling the CEO (or whatever) of Android by his first name??????????

The homers speak like they know him (but he is a nice guy on tv)


Uhh... everyone here (and elsewhere) refers to Invicta's CEO as "Eyal". What's the difference?
If you think realistically... none. This Android hate is fairly recent, at least to the degree that it is lately. To each his own, but I'll call Wing...Wing...anytime I fucking please.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by Hawk » April 1st 2013, 5:46am

Pending Don B. stopping by, my conjecture is that Android (the watch) is spinning its wheels. Android (the OS) has been around and non-infringing for quite some time.

If someone came out with an "Android Watch" smartphone I could see some merit.

But that's not what the thing is. It simply isn't the "Android Watch smartphone gizmo". It's an "I'm watch" that happens to run on (the non-infringing) Android OS.

The Pebble watch similarly supports iPhone and Android.

At the most, I'm Watch will simply avoid advertising itself as an Android watch and stick with "I'm Watch" and they should be as squeaky clean as Pebble. And the already existing Pebble should provide a "failure to consistently enforce copyright" fetish for I'm to wave in the air.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by Hawk » April 1st 2013, 6:29am

Call me cynical but I wouldn't be shocked to learn that Wing simply picked the Italians as an easier target than the other Android compatible smartwatch vendors. Sony's too big and Pebble too well researched.

Describing the i'mDroid2 OS as "infringing" is a stretch.

Also, I noticed that "Android Watch" pops up in response to an "android watch" search on Google but it's apparently dynamically generated as "ad related to ...". I was unable to locate such an overt reference on I'mWatches's own site.

Edited to add: Well crap, I have to issue a correction - Modify is unrelated to I'm - the Italian joint is "Blue Sky Home" if the translator is working right.

It appears the one Wing is targeting isn't even on the market yet. Rather like Samsung I doubt they've even settled on a name.

So I'll change my opinion of Android (the watches) blog post from "doomed" to "weird, premature and pointless".
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by elau » April 1st 2013, 7:05am

Not to mention Wing-ding is not the first with a "smart" watch, Slyde from Switzerland comes to mind. The only thing Wing-ding has a leg to stand on is the trade mark name Android but like you said it's rather pointless at this point.

This will at least gives Wing-ding the much needed attention of his products.





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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by nous defions » April 1st 2013, 9:05am

elau wrote:
WatchDorks.Net wrote: It's one thing to sue based on unrelated industries or products (see Monster's heavy-handed litigation against parties whose products/services could never be confused for those of the plaintiff), but when another company enters YOUR industry using your brand name, it would seem like a clear-cut case.


Maybe now Wing-ding gets a taste of his own poison. How many times he copies other watch company's design and claim his?

But at the end I think he is going to have a huge settlement. I worked for a small software company years ago and the owner went up against SAP and won. He now has a $1M line item in the P&L statement annually.


What homages has Wing produced?
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by TemerityB » April 1st 2013, 9:37am

elau wrote:

I assume Wing-ding the hustler won't easily pass up this once in a life time opportunity to get rich whether he has a shot or not.


Bingo, slam-dunk, pinfall after the dropkick, hand the man the champeenship belt.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by elau » April 1st 2013, 9:38am

Defenders of the Android brand, cool your jets.

Read my OP. I said "copy" not "homage". To me a homage watch has close resemblance to the original design and copy, is just that, you copy one feature from one watch and another design from another. Now your argument may be that every company copies the other, and I full heatedly agree.

Some Android watch model use cyclope copied from Cartier. Not agree?
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by JAS1125 » April 1st 2013, 11:30am

For what it's worth, Skelton is amassing the Facebook crowd......sorry, can't do a PDF.

Some folks bitching about it too



Jim Skelton likes an article.


Saturday

Support
our friend Wing!!! Android is his registered trademark and now that
Android phones are coming out with watches bearing the Android name, it
is in violation of his trademark. Don't let the little guy lose to the
big corporations!!!

http://android-usa.net/blog/2013/3/26/android-trademark?fb_action_ids=574826199216988&fb_action_types=og.likes&fb_source=aggregation&fb_aggregation_id=288381481237582





Craig Hester To
show your support, you can write a letter requesting Google to no
longer use Android on any watches or watch-related products to:
Larry Page
CEO, Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043
2 hours ago
Image
Craig Hester And/or write to: Eric Schmidt
Executive Chairman, Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043


Link to the actual complaint

http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1322&context=historical&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Doko%2520vs%2520google%26source%3Dweb%26cd%3D7%26ved%3D0CFYQFjAG%26url%3Dhttp%253A%252F%252Fdigitalcommons.law.scu.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1322%2526context%253Dhistorical%26ei%3DX5dYUfvJHZS-9QSfi4GwDg%26usg%3DAFQjCNH-hp2NxhDa3mgC3u18EPUKLoOfdg%26bvm%3Dbv.44442042%2Cd.eWU#search=%22oko%20vs%20google%22
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by svaglic » April 1st 2013, 2:35pm

JAS1125 wrote:For what it's worth, Skelton is amassing the Facebook crowd......sorry, can't do a PDF.

Some folks bitching about it too



Jim Skelton likes an article.


Saturday

Support
our friend Wing!!! Android is his registered trademark and now that
Android phones are coming out with watches bearing the Android name, it
is in violation of his trademark. Don't let the little guy lose to the
big corporations!!!

http://android-usa.net/blog/2013/3/26/android-trademark?fb_action_ids=574826199216988&fb_action_types=og.likes&fb_source=aggregation&fb_aggregation_id=288381481237582





Craig Hester To
show your support, you can write a letter requesting Google to no
longer use Android on any watches or watch-related products to:
Larry Page
CEO, Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043
2 hours ago
Image
Craig Hester And/or write to: Eric Schmidt
Executive Chairman, Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043


Link to the actual complaint

[url=http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1322&context=historical&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Doko%2520vs%2520google%26source%3Dweb%26cd%3D7%26ved%3D0CFYQFjAG%26url%3Dhttp%253A%252F%252Fdigitalcommons.law.scu.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1322%2526context%253Dhistorical%26ei%3DX5dYUfvJHZS-9QSfi4GwDg%26usg%3DAFQjCNH-hp2NxhDa3mgC3u18EPUKLoOfdg%26bvm%3Dbv.44442042%2Cd.eWU#search=%22oko%20vs%20google%22
[url=http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1322&context=historical&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Doko%2520vs%2520google%26source%3Dweb%26cd%3D7%26ved%3D0CFYQFjAG%26url%3Dhttp%253A%252F%252Fdigitalcommons.law.scu.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1322%2526context%253Dhistorical%26ei%3DX5dYUfvJHZS-9QSfi4GwDg%26usg%3DAFQjCNH-hp2NxhDa3mgC3u18EPUKLoOfdg%26bvm%3Dbv.44442042%2Cd.eWU#search=%22oko%20vs%20google%22[/quote[/url]]]http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1322&context=historical&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Doko%2520vs%2520google%26source%3Dweb%26cd%3D7%26ved%3D0CFYQFjAG%26url%3Dhttp%253A%252F%252Fdigitalcommons.law.scu.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1322%2526context%253Dhistorical%26ei%3DX5dYUfvJHZS-9QSfi4GwDg%26usg%3DAFQjCNH-hp2NxhDa3mgC3u18EPUKLoOfdg%26bvm%3Dbv.44442042%2Cd.eWU#search=%22oko%20vs%20google%22[/quote[/url]][/url]



They are going to have the illiterate write letters? Geeks on a mission? I'd love to be a fly on the wall and see the faces of Eric and Larry when they have to translate those "angry Geek" letters.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by nous defions » April 2nd 2013, 7:56am

elau wrote:Defenders of the Android brand, cool your jets.


I am not given to one brand, or another. I just have never really seen an Android that reminded me so much of any other brand. In fact, they tend to be so off the wall, that I could never really get into them.

It's nice to see folks so given to the cause on a forum. But, I have other things of concern and watches don't rank really high up there. Thanks for your input.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by elau » April 2nd 2013, 9:59am

Truth be told, and I know you are a lurker here, Wing. I have to laugh a little on this fiasco.

For a largely Chinese company sues for trade mark infringement brings my question how many time Chinese companies violate intellectual properties law? OKO International may just has a taste of what it's like.

I hope you win the case just for the fact that I do like to see small companies coming out ahead and your case is justified.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by ChronoMATT » April 2nd 2013, 10:10am

Many times, both parties sign "zip our mouths" agreements and you never get the details. I bet if Wing's attorney team feels strong enough -- and I'm sure they are trademark specialists -- they may be working for a percentage of the winnings, costing Wing little as the case moves on. These guardians of our legal system must be slobbering over themselves as they fantasize about Google's deep pockets.

PREDICTION
1. Google will cut Wing Ding a multi-million dollar check and he will go away.
2. A non-disclosure agreement will be signed.
3. All internet promotion/FaceBook posts & pages geared to get WatchGeeks emotionally involved with their marketed "David vs Goliath" story be removed without a word.
4. Butt hurt Geeks will wonder how it all ended.
5. Geeks will soon see the release of additional Google Android Watches, realizing they were used by Wing Ding for his personal gain.

TemerityB wrote:
Great points by all. The only thing I can say I know for sure about law, though: I never really know how the fuck these things could turn out, because it's never the way that I honestly expect them to. This one will be fun to follow, for sure. And one more point: Say we all agree Wing's Android's in the right, Wing's Android did it first? I still say the phone Android wins, if they have the better/smarter/more aggressive legal team. Happens all the time; the best lawyers find loopholes and clauses us mere mortals didn't even know were in the books.
Last edited by Anonymous on April 2nd 2013, 10:23am, edited 3 times in total.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by elau » April 2nd 2013, 11:00am

Another outcome could be Wing-ding gets nothing. He is suing for trademark usage and the compensation is based on the sales he lost to Google's watch (according to the article). If Google did not sell a single watch since it came out then it will be a ding for Wing.

One thing will come out for sure, Wing-ding gets free advertisements.
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Re: Another Wallyland Lawsuit: Wing vs. Google

Post by boscoe » April 3rd 2013, 7:36am

After much research into this issue I have determined:
Wing's history is fraught with litigation and fierce fights over copyrights.
His birth name was Wing Chi Khen (turned into Chi Khen Wing upon arrival in the US). As his TV appearances grew, he was sued by various fast food franchises and forced to change his name.
Hence, the plucky huckster is defending his turf.
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