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Specht v. Google, Inc.

United States Court of Appeals for the Seventh Circuit
747 F.3d 929 (2014)


In 1998, Erich Specht (plaintiff) created a technology company called Android Data Corporation (ADC). In 2002, Specht obtained trademark registration for the mark “Android Data.” However, business was not good, and later in 2002, Specht began to wind down his corporation. Specht effectively shut down his business by the end of 2002. He attempted to sell the business in 2003 and again in 2004. ADC’s website was operational until 2005, but it did not offer any goods or services for sale. Specht did attempt to revive the company in December 2007 and again in 2009. Meanwhile, around the time that Specht was winding down his business, another company called Android, Inc. was formed. In 2005, Google, Inc. (defendant) bought Android, Inc. In November 2007, Google released the first version of its Android operating system for smartphones. Specht sued Google for trademark infringement. The district court found that Specht had abandoned his trademark for “Android Data,” granted Google summary judgment, and cancelled Specht’s trademark registration. Specht appealed.

Rule of Law


Holding and Reasoning (Rovner, J.)

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