Essential is already in legal hot water over a trademark dispute

Andy Rubin’s Essential Phone hasn’t officially made its way to market and it’s already locked in a trademark dispute over its name. Spigen, maker of cases, chargers, and other smartphone accessories, already has a line of products using the “Essential” name, which you can very easily find on Amazon.

Spigen has sent a cease and desist letter to Essential, claiming that their upcoming device will cause confusion with consumers. It doesn’t help Essential’s case that the USPTO denied their trademark claim twice, so Rubin and co. can’t say they weren’t aware of competing products. They were told more than once not to use the name and did it anyway.

Spigen wants Essential to drop the name of the phone completely, and they’re waiting until June 15th to start pursuing more aggressive legal action.

It’s tough to say how this is going to play out, especially since Spigen is a much more established and prominent brand, even against Rubin’s background. The USPTO has already sided with Spigen, too, which makes it seem likely that a jury would agree in the same way.

via: The Verge

  • James Matson

    I think you mean a trademark dispute. Patents are a totally different thing. They’re not arguing over the technology or the design- just the name they chose.