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by danielrpa 2078 days ago
In many, if not most, cases yes.

This isn't like the normal patent troll nonsense. This is to avoid confusion in the marketplace. Consumers expect a certain level of quality and assume a certain origin when seeing particular words in a product name or brand.

If someone sells an electric car under the "Teslan" brand, consumers could think it comes from Tesla - not only Tesla wouldn't be too happy, but the consumer could be in for a nasty surprise when they realize that the car doesn't meet the expectations they had for a Tesla car. Same for WhateverDroid and Google.

2 comments

You cannot reasonably believe that Orpheusdroid and Android are the same thing.

Tesla and teslan are a bad equivalent. Tesla and Orpheusla is closer. Just because they end the same way it’s not the same thing.

I disagree. Do you think of "Tesla" when you read "Orpheusla"? Now compare Android with Orpheusdroid.
"think of" is not the same as "confused with".

Is there a chance that somebody will think of a "airpod" when they hear "tide pod"? Sure

Is there a chance that a reasonable person will insert a tide pod into their ear because they confused the name with "airpod". No

Is there a chance that a reasonable person will by accident buy "tide pods" instead of "airpods"? Only if they act negligent

I'd argue that a reasonable person is extremely unlikely to confuse "Google Android" with "Orpheusdroid" or "F-Droid" or "hydroid" for that matter

I am certainly not confused in either case. I know for certain that they are 4 different companies.
Or, Teslan vs Un-droid
Your example of Tesla vs Teslan makes sense. But if you do this comparison of similarity, be truthful with the initial argument here.

"Orpheus" is longer than "droid" and is certainly longer than "an".

What's next? Forbidding streichholzschachtelfabrikdroid? Due to similarity? C'mon, that's nonsense.

And no, you cannot have rights on the word "droid". Otherwise, lukasarts and the star trek film makers would have sued the shit out of google by now.

Lucas film license ‘droid’ to Verizon.