Billionaire Elon Musk's decision to rebrand Twitter as X could be complicated legally: companies including Meta and Microsoft already have intellectual property rights to the same letter.
important for anybody following this topic to also know that “hundreds of trademarks” can sometimes just mean that there’s a few trademarks in each class. Trademarks in the US are divided into classes, so that two companies that do different things can still be named the same or similar.
The article still has a point, in that similar software companies like Meta and Microsoft have trademarks for “X,” but if your PVC pipe company is called X, you might not have a good case against Twitter because who is getting confused between PVC pipes and social media?
“Your honor, let the record state that there is a common saying to the effect that “the internet is a series of tubes”. Now, PVC pipes are also a variety of tube. Therefore…”
The Olympics did send a cease and desist to Olympic Provisions (a salami maker in Portland, Oregon). So they had to change their name to Olympia Provisions. Perhaps the Olympics felt threatened since people often confuse ‘finocchiona salami’ with ‘finishing a giant slalom’.
While it agree that it was BS, trademark law doesn’t really care what something is named after. The goal of trademark law is to prevent consumer confusion. So if there was confusion then there was an issue to resolve. But in this case it seems unlikely that there was any confusion.
My vet clinic I work at was contacted by Red Cross some years ago damanding that we change our logo becuase it had a red plus sign in it. It was the most ridiculous thing. How did they even find out about us? we are no big time clinic, only people in our city are going to know who we are. We had that logo for a long, long time. It was just bizarre.
I don’t think Red Cross is going off trademark law; using the Red Cross for anything but the Red Cross (same for the Red Crescent and Red Crystal) is a violation of international law (i.e. the Geneva Convention)
You would think that, but no. It’s specifically the Red Cross organization. Which is an international organization.
It can also be used by militaries and such for Geneva Convention complaint medical use, such as search and rescue operations or medical centers and such.
That’s it. Those are the only legally allowed uses. And even Geneva Convention complaint medical use is often run by the international organization.
Nope. There’s a reason they go after video games that use the red cross symbol for health packs, that dilutes the meaning of what the red cross stands for.
That’s what we had thought too. Also the fact that it was a really generic looking red plus sign. How can someone trademark a symbol used by everyone? I guess if it wasn’t red, it would have been fine. There was a lot of scoffing going on in clinic.
My understanding is that sometimes companies will file trademark lawsuits because if they fail to be seen as defending their brand, they can lose their exclusive rights. There certainly have been some pretty ridiculous cases where brand confusion would in no way be a credible issue.
I don’t know if MS or Meta are in a position vis-à-vis their trademarks to sue.
I do know, however, that Elon did in fact use the X Windows logo. I know it was just stolen from a font set, but if X Windows was a commercial product with corporate lawyers, I bet they’d have a case.
important for anybody following this topic to also know that “hundreds of trademarks” can sometimes just mean that there’s a few trademarks in each class. Trademarks in the US are divided into classes, so that two companies that do different things can still be named the same or similar.
The article still has a point, in that similar software companies like Meta and Microsoft have trademarks for “X,” but if your PVC pipe company is called X, you might not have a good case against Twitter because who is getting confused between PVC pipes and social media?
“Your honor, let the record state that there is a common saying to the effect that “the internet is a series of tubes”. Now, PVC pipes are also a variety of tube. Therefore…”
The Olympics did send a cease and desist to Olympic Provisions (a salami maker in Portland, Oregon). So they had to change their name to Olympia Provisions. Perhaps the Olympics felt threatened since people often confuse ‘finocchiona salami’ with ‘finishing a giant slalom’.
Yeah I should have also mentioned that that doesn’t prevent companies from trying that kind of bullshit.
Which is somewhat BS, since we have a perfectly good Olympic Peninsula here in Washington State that it was certainly named after.
While it agree that it was BS, trademark law doesn’t really care what something is named after. The goal of trademark law is to prevent consumer confusion. So if there was confusion then there was an issue to resolve. But in this case it seems unlikely that there was any confusion.
My vet clinic I work at was contacted by Red Cross some years ago damanding that we change our logo becuase it had a red plus sign in it. It was the most ridiculous thing. How did they even find out about us? we are no big time clinic, only people in our city are going to know who we are. We had that logo for a long, long time. It was just bizarre.
I don’t think Red Cross is going off trademark law; using the Red Cross for anything but the Red Cross (same for the Red Crescent and Red Crystal) is a violation of international law (i.e. the Geneva Convention)
Isn’t that a common symbol for all medical related things?
You would think that, but no. It’s specifically the Red Cross organization. Which is an international organization.
It can also be used by militaries and such for Geneva Convention complaint medical use, such as search and rescue operations or medical centers and such.
That’s it. Those are the only legally allowed uses. And even Geneva Convention complaint medical use is often run by the international organization.
Nope. There’s a reason they go after video games that use the red cross symbol for health packs, that dilutes the meaning of what the red cross stands for.
That’s what we had thought too. Also the fact that it was a really generic looking red plus sign. How can someone trademark a symbol used by everyone? I guess if it wasn’t red, it would have been fine. There was a lot of scoffing going on in clinic.
Doesn’t necessarily mean the Olympics were in their right.
More likely that the salami maker wanted to avoid / could not afford a legal battle.
Apple tries to trademark their apple logo, not the bitten one a full apple in my country…
My understanding is that sometimes companies will file trademark lawsuits because if they fail to be seen as defending their brand, they can lose their exclusive rights. There certainly have been some pretty ridiculous cases where brand confusion would in no way be a credible issue.
I don’t know if MS or Meta are in a position vis-à-vis their trademarks to sue.
I do know, however, that Elon did in fact use the X Windows logo. I know it was just stolen from a font set, but if X Windows was a commercial product with corporate lawyers, I bet they’d have a case.