According to a report by Gartner released in Nov 2011, Android smartphones account for more than 50% (52.5% to be precise) of worldwide smartphone sales for Q3 2011. That’s a rather impressive figure, considering that Android market share in the same category doubled from the same period last year.
Another notable statistics: Just six months ago in May, Google announced during its I/O conference that it had activated 100 million Android devices. During the recent announcement of Google Music, the company is doubling that number, claiming there are now 200 million activated Android devices. Jamie Rosenberg, director of digital content for Android, also announced that Google activates 550,000 new Android devices on a daily basis.
However, the meteoric rise in popularity did not come without a price. We are already acutely aware of the patent wars between Apple and Android manufacturers, and Microsoft cashing in on their patents at the expense of Android manufacturers. Ultimately, these extra costs will either directly or indirectly affect Android users. We cannot help but also notice another upcoming trend that can cause inconveniences to stakeholders that are associated with the world’s most popular smartphone OS.
ASA (Advertising Standards Authority) Adjudication on Motorola Mobility UK Ltd - Highlights and Excerpts
"Two TV ads, for a mobile phone, were viewed in April 2011. The ads showed the phone being used in different scenarios, which included it being dropped in a nightclub and splashed at a pool party. Text on screen stated "DANCE FLOOR PROOF" and then "POOL PARTY PROOF". The phone also appeared on the pavement next to a broken pot in the aftermath of the pool party. Text on screen stated "WATER RESISTANT SCRATCH RESISTANT DUST PROOF It's life proof"."
"Three complainants challenged whether the ads misleadingly exaggerated the durability of the mobile phone, because they had dropped their phones accidentally and the screens had cracked."
Motorola Mobility UK Ltd (Motorola) said "they strongly believed the ads were not misleading and did not exaggerate the capability or performance of the product...", citing extensive testing and that the same phone was used throughout in the shooting of the ad. It was mentioned that “...However, they were not aware of the specific incidents that had caused the complainants' phones to crack and could not cater for every eventuality. They said there had been instances where a user's treatment of a phone had resulted in damage far exceeding that which could be described as accidental. The intention of the product, as portrayed in the ads, was that it was resistant to accidental damage.”
"The ASA noted the complainants had each accidentally dropped their phones and they had broken."
"Because we had not seen evidence that dropping the DEFY from the height shown in the ads would not damage the phone, we concluded that the ads misleadingly exaggerated the performance of the product..."
ASA (Advertising Standards Authority) Adjudication on Motorola Mobility UK Ltd - Our Stand
In our opinion, an advertisement is just that: an advertisement. According to Wikipedia, "Advertising is a form of communication used to persuade an audience (viewers, readers or listeners) to take some action with respect to products, ideas, or services". If there is an element of persuasion to any advertisement, there will certainly be some aspects of it that are exaggerated or valid only under certain circumstances.
We understand the need for ASA to protect the interest of consumers but we do feel that it is over-reacting in this instance. Moreover, the ease with which ASA accepts the claims of the complainants make us wonder whether ASA has considered asking for evidence from the complainants to support their claims that their screens are damaged from real accidents. It will just make sense for both parties to provide evidence to support their respective claims.
Porn Company Vivid Threatening Legal Issues Over the Naming of HTC Vivid
Porn video producer Vivid Entertainment alleges trademark infringement by HTC on account of the name of HTC latest smartphone, the HTC Vivid. Vivid – the company that brought to the world sex tapes of stars such as Kim Kardashian and Paris Hilton – fears consumers may think the phone comes from it. As such, the company has sent HTC a cease and desist letter, demanding that the phone company change the name of the phone by November 21, or else HTC would face legal action.
Porn Company Vivid Threatening Legal Issues Over the Naming of HTC Vivid - Our Stand
A quick Google Search for the keyword “Vivid” shows the website of the porn company as being among the top 3 results. The same search for “HTC Vivid” rightly throws up results that are entirely not related to the porn company. Our amateur view is that Vivid has a valid case if HTC displays only “Vivid” with any graphical representation of its latest Android smartphone. However, the main point here is not on whether Vivid's case is valid or not.
Rather, the question here should be: If the HTC Vivid is not running Android, will Vivid has bothered suing HTC for trademark infringement?
We believe that the 2 cases above are just the beginning of a disturbing trend that will get more and more common with the rise of Android. The pain of being associated with the world’s most popular smartphone OS has just begun and for supporters of Android, it will just get more and more frustrating.
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[fv]Moto Defy[/fv]
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