The American computer programmer, engineer, entrepreneur and venture capitalist Andy Rubin recently announced his upcoming Essential smartphone. Unfortunately before the product launch the company behind the Essential smartphone has been named in a trade mark infringement claim over the name Essential.
In August 2016, US based Spigen (a company that designs and manufactures cases and accessories for mobile devices) registered a Class 9 trade mark for the term “Essential.” Class 9 trade marks cover computer and technology products (including smartphones and accessories).
In the trade mark infringement complaint Spigen’s attorneys allege that the use of the term “Essential” in the Essential smartphone is a violation of Spigen’s trade mark which cause consumers confusion over the product’s origin. They have therefore requested that Rubin’s company cease and desist from using any marks using the term “Essential”.
Disputes such as these are often settled outside of court with settlement agreements. However if such terms cannot be agreed it could forced a rebrand of the new Essential smartphone.