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ExxonMobile Brings Dumb Trademark Lawsuit Against FXX, Which Gets Cheeky In Its Response

By Dustin Rowles | Trade News | October 4, 2013 | Comments ()


IXhXWIq.jpg

This is one of the dumbest trademark violation lawsuits I’ve ever seen. ExxonMobile — the provider of gasoline, perhaps best known for spilling 11 million gallons of oil in the Prince William Sound — is suing FX’s new comedy network, FXX, for copyright violation. Why? Because as you can see from the logos up there, there’s some very slight similarities between the XXs in the logos. Exxon has filed suit, asking for an injunction to prevent FXX from continued use of the logo, and is asking for triple damages for the harm caused.

Look: I don’t remember that much from my law school intellectual property classes, but I do remember the two most important elements for a trademark violation: Legitimate confusion, and financial loss as a result of that confusion. I SERIOUSLY doubt that interlocking Xs is going to create any confusion between a gas station and a comedy network — they’re not even in the same industry — so what kind of damages could the lack of confusion even cause? Exxon wants triple damages? Three times $0 is nada. That’s pretty much what Exxon deserves. I mean, for God’s Sake: Exxon is basing part of its claim on a website comment over on TV.com: “That FXX logo has to go, that is awful on a plate. Also, Exxon is going to be pissed.”

FXX disagrees, releasing a statement in response to the lawsuit, in which they get a little cheeky.

“It is unfathomable that a consumer would confuse Exxon’s logo, from the world’s largest oil and gas company with FXX, the new networks that brings viewers such award-winning original television as ‘It’s Always Sunny in Philadelphia’ and ‘The League,’ to name a few. We are confident that viewers won’t tune into FXX looking for gas or motor oil and drivers won’t pull up to an Exxon pump station expecting to get ‘It’s Always Sunny in Philadelphia.’”

But seriously, that would be the BEST gas station ever!

(Source: Variety)




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Comments Are Welcome, Jerks Will Be Banned


  • Mr. E

    Jamie Foxx better not try to get cute. Keep it in cursive or lawyer up Django.

  • John W

    Drives up to pump: regular: 88 Octane, premium: 92 octane, Sunny: What's Up Bitches. hmmmm

  • Misomaniac

    Look, Exxon has all these lawyers, right?
    And Exxon hasn't destroyed an ecosystem lately, right?
    So those lawyers have to do something, right?
    Otherwise people might realize how useless they are, right?
    After all, most politicians have law degrees...

  • If FXX ever shows the movie X2...well, you can just imagine how crazy that would be.

  • crispin

    I'll do you one more...

    "XXX"

  • ZizoAH

    Sesame Street should sue both of them for using the letter X.

  • Quatermain

    This reminds me of when the World Wildlife Foundation sued the World Wrestling Federation partly because people might get confused and send donations meant for pandas to Vince MacMahon instead.

  • $14122660

    Even more worrisome ....what if my donation to WWF's Jake the Snake Roberts accidentally got sent to an anaconda at the World Wildlife Federations! I would be pissed.

  • jennp421

    Five year old me was confused. One acronym meaning two things? That's impossible. Given where I work now, I'm lucky if it only has two possible meanings.

  • A. Nonny Mouse

    Ditto. My field has numerous acronyms meaning different things in different context. Exxon apparently has too much time on their hands...

  • BWeaves

    The X's are interlocked in the opposite direction.

    Plus Rx want's to sue Exxon for for stealing their original idea.

  • John G.

    The Always Sunny gas station where one of the pumps screams "wildcard" and shoots gas in your face

  • Al Borland's Beard

    The Xs aren't even interlocking in the same spot. If they were, I could see this being a case. I dunno, maybe they were coming up short on their bonuses and wanted to add some money from a frivolous lawsuit.

  • TherecanbeonlyoneAdmin

    To be fair, FXX could have the gang show up to people's doors with a barrel of gasoline for sale. That is kind of infringing on Exxon's turf. WILDCARD BITCHES!

  • Bert_McGurt

    Charlie even stole his outfit from the Exxon executives!

  • mairimba

    Complimentary truck driver greasing by Mac.

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