Vivid Blasts Smartphone Maker HTC for Trademark Breach

Bob Johnson

LOS ANGELES — Vivid Entertainment is claiming mobile phone maker HTC is infringing on its trademark.

TMZ has reported that the company sent a "cease and desist" letter to HTC America — part of the publicily traded HTC Corporation based in Taiwan — complaining about its newest “Vivid” model.

In the letter to HTC America chief executive Peter Chou, attorney Mark S. Hoffman, a partner in the Los Angeles firm of Labowe, Labowe & Hoffman, LLP, demanded the company stop using the Vivid name "in association with the marketing and sale of a wireless device that your company advertises can surf online websites and is 'built to entertain, with movies and shows' on a 4.5-inch screen."

Hoffman said HTC America's use of the Vivid trademarks "creates the false impression that your company and your company's products are affiliated, connected, or associated with and or sanctioned by Vivid Entertainment."

He added, "We believe it is possible that your company is not unaware of this conflict."

Hoffman gave HTC America until Nov. 21 to respond to his letter and cease using the Vivid trademark or "our client will have no alternative but to pursue all legal remedies."

"For the past 27 years Vivid has worked hard to protect and build its brand. We believe this is a clear infringement and will use all legal remedies available to protect our trademark," said Steven Hirsch, founder and co-chairman of Vivid Entertainment.