Inspired by the recent success of a number of technology start-ups, Erich Specht decided in 1998 to enter the business world himself. He designed a suite of e-commerce software and formed Android Data Corporation (ADC), through which he intended to license the software to clients. ADC also performed a number of other web-based services to clients, including website hosting and design, and computer consulting services. Two years later, Specht applied to register the trademark “Android Data” with the United States Patent and Trademark Office. The application was approved in 2002.
Despite the trademark’s approval, by the end of 2002 ADC stopped major operations. That year, the company lost five clients, prompting Specht to lay off his only employee, cancel ADC’s internet service contract, and move the business into his home. Signifying the end of ADC’s life, he transferred all of ADC’s assets, including its software and the registered “Android Data” mark, to another of his wholly-owned companies, The Android’s Dungeon, Incorporated (ADI). Specht spent all of the next year unsuccessfully seeking a buyer for ADC’s assets. As ADC was idle, he also shut off its phone line that year.
Judge(s): Ilana Rovner
Jurisdiction: U.S. Court of Appeals, Seventh Circuit
Related Categories: Trademark
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