I should add, visual distinctness (not "visually confusingly similar") is even more important than textual distinctness. E.g., Excel spreadsheet and Excel chewing gum do co-exist, but they would not be allowed to have "confusingly similar" logos.
Hartmut
On Mon 24 Jul 2023 at 16:36:24 -05:00, Hartmut W Sager hwsager@marityme.net wrote:
Those two logos are definitely "confusingly similar" (legal term in trademark law) and, being in the same field (IT), would likely not pass a trademark test for co-existence. But, does X.org actually have a trademark on it? If yes, then Musk would surely lose. But if not, then Musk could quickly seek a trademark, after which X.org would likely lose.
In the latter case, the length of time X.org was already using this (unregistered) logo would normally not matter in trademark disputes, because they should have registered it if it was important to them. "First to register" normally wins.
Hartmut
On Mon 24 Jul 2023 at 16:02:51 -05:00, Gilbert Detillieux Gilbert.Detillieux@umanitoba.ca wrote:
Apparently, Elon Musk isn't very good at searching the Internet...
https://www.phoronix.com/news/Twitter-X-X.Org-Logos
Wonder if there will be a lawsuit over this one?
Gilbert _______________________________________________ Roundtable mailing list Roundtable@muug.ca https://muug.ca/mailman/listinfo/roundtable
Roundtable mailing list Roundtable@muug.ca https://muug.ca/mailman/listinfo/roundtable