Boston, MA 08/20/2014 (wallstreetpr) – Exxon Mobil Corporation (NYSE:XOM) won the first part of the lawsuit that was revolving around the FXX network logo. The judge gave the verdict in favor of Exxon stating that Fox’s trademark registration of standard trademark is not sufficient to X out a dilution claim. It allowed Exxon’s claim that FXX Network is trying to dilute its trademark by interlocked X’s in a logo. The verdict to litigation was given in a matter of ten months. Now the lawsuit will proceed in respect of Exxon’s other trademark and competition claims.
The case
Exxon Mobil Corporation (NYSE:XOM) filed the lawsuit in respect of the design mark on last October. It alleged that Exxon has got a specialized interlock design mark over its stylized name Exxon. The design mark is in use since 1971. It added that the logo of FXX network can add to the confusion, can cause mistakes or deceive the existing or potential consumers of the parties in respect to some connection, association or affiliation with Defendants’ business with oil and Gas Company.
At that time, a spokesperson for FXX Network, said that viewers cannot confuse the entertainment network with a gas or oil company. The drivers won’t expect to see,” It’s Always Sunny in Philadelphia” at Exxon pump station.
The proceedings
During the case proceedings, attorneys of FXX Network tried to kill the claim by stating that FXX diluted Exxon. It was made under the Tex(x)as state law. FXX has registered the trademark as “standard character” form. It intends to register it in a special form. It argued that Exxon made a strategic decision as it didn’t oppose the standard character registration. Exxon Mobil Corporation (NYSE:XOM) said that the standard character registration was a limited benefit. If it was not case, Exxon can include the McDonald’s Corporation (NYSE:MCD)‘s M form in its “Golden Arches” without any change or a dilution claim.
