htc-vivid

Porn company wants HTC to change phone's name

Nov. 17, 2011 at 12:47 PM ET

HTC /
HTC Vivid

By now, companies should have picked up a valuable lesson on naming a new product: check around first, because it may be Spanish for "prostitute," or in the case of the new HTC Vivid smartphone, it could also be the same name as a porn company.

Vivid Entertainment, a company that specializes in a "wide variety of goods and services" of "adult entertainment subject matter," available on wireless devices, has shot off a cease-and-desist letter to HTC America chief executive Peter Chou claiming that its use of Vivid name for the 4G LTE device  "creates the false impression that your company and your company's products are affiliated, connected or associated with and/or sanctioned by Vivid Entertainment and is likely to cause confusion among consumers."

Vivid Entertainment — whose "wide variety" includes movies such as "Sister Wives XXX: A Porn Parody," TV shows like the "Debbie Does Dallas ...Again" and "Deeper Throat," live cams, clothing and celebrity sex tapes — sent the letter Nov.14 to demand that HTC stop using its trademark to sell its phone. The company claims that its used Vivid trademarks since 1984. Its attorneys wrote that HTC's naming of the phone "could constitute among other things, trademark infringement, trademark dilution, and false designation of origin."

It gave HTC a deadline of Monday, Nov.21, to respond to their letter. If they have not heard from HTC by then, Vivid Entertainment will move forward "to pursue all legal remedies."

Hat-tip to TMZ for catching this, and making this wry observation: "Here's a switch. Porn giant Vivid Entertainment claims it's been violated ... by a phone. Ouch."

When we asked for HTC reaction, they sent this statement to us: "We are reviewing the complaint and don't expect to have any further comment until it is resolved."

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