Wednesday, May 25, 2011

Motorola has been sued for using the Xoom name for their tablets

Motorola has been sued by Xoom Corporation over the use of the name Xoom for their newly released Tablet. Xoom Corp. a San Francisco based company, has sued Motorola over a Trade Mark infringement of their Xoom trade mark. Xoom Corporation in their suit claimed that the mark Xoom if adopted by Motorola will cause confusion and mislead consumers into believing that there is a false association between the two.
Xoom Corporation also claimed in their suit that Motorola has obtained the Xoom keyword from Google and that if a search is to be made on Google using the Xoom Keyword, the search result would reveal Motorola’s Xoom Tablet on top of all other search items. Xoom Corporation is involved in money – Transfer business and applied for their Xoom trade mark application in December, 2004. The Xoom .Com domain was registered way back in 2003.
Motorola applied for the Xoom Trade Mark in October, 2010. As they were yet to use the Xoom trade mark they filed the application on the basis of ‘intent to use’.
The Trade mark infringement suit brought by Xoom Corporation against Motorola was initiated before the United States District Court for the District of California requesting temporary restraining order and preliminary injunction.
Summary: Motorola has been sued by Xoom Corp. over the use of their Trade Mark Xoom for tablets. Motorola filed a trade mark application for the trade mark Xoom in October, 2010. However the domain was registered in 2003 and they filed their trade mark in December, 2004.