Essential, a company formed by ex-Googler and co-founder of Android Andy Rubin, recently unveiled its first smartphone called Essential Phone. The handset is yet to be released and the company already finds itself in a trademark infringement problem.
Well-known accessory manufacturer Spigen has fired off a cease and desist letter to Rubin’s company demanding that it stop using the “Essential” moniker since Spigen holds the trademark for the term that covers its users for various consumer products, even though smartphones are not directly covered under its trademark.
Spigen demands that Rubin’s company is going t create confusion for customers if it decides to release its Essential Phone. It points out in its cease and desist letter that Essential had its trademark application twice for this very reason by the United States Patent and Trademark Office.
USPTO’s objects were also based on the potential for confusion between Essential and the Essential sub-brand owned by Spigen which the company is already using for battery packs and other smartphone accessories. Spigen doesn’t make smartphones itself.
Spigen calls on Essential to stop using the moniker. If Rubin’s company doesn’t respond by June 15th, Spigen is “prepared to take any and all actions to protect Spigen’s marks.”