Xoom Corp Sues Motorola Over Tablet Name

Sidebar Sidebar
Status
Not open for further replies.
Well now, I wonder how this will play out. Motorola's already drummed up a lot of hype for a product that uses the same name as an established company, and will likely have already sold a fair number of the devices if/when the injunction takes effect. They're going to have to think of a new name pretty quickly. But given the pre-release advertizing and hype, I wonder why Xoom didn't try to file the lawsuit before it was released? At least then Motorola would have had the chance to delay the launch and rebrand the device before causing even more confusion about the name. Surely it couldn't have taken that long to consult legal council and put together a case?
 
Aren't trademarks only valid in the market they are intended for? Seems we have companies going crazy nuts all the time if the name of their widgets is used on other products not even closely related to them. How will there be confusion between these two companies? one does Money transfers, the other is a tablet. Seems pretty distinct to me.
 
[citation][nom]mikem_90[/nom]Aren't trademarks only valid in the market they are intended for? Seems we have companies going crazy nuts all the time if the name of their widgets is used on other products not even closely related to them. How will there be confusion between these two companies? one does Money transfers, the other is a tablet. Seems pretty distinct to me.[/citation]

Use Xoom tablet to transfer money on Xoom.com....oh nooo!!!!
 
[citation][nom]robochump[/nom]Use Xoom tablet to transfer money on Xoom.com....oh nooo!!!![/citation]

If you trademarked a name and it was not useable anywhere in any market, we'd eventually find out how hard it is to find catchy names for products. Or do people want to try out the new Apple ghksuer7npp#1?
 
[citation][nom]robochump[/nom]Retarded lawsuit. Xoom is in a totally different business.[/citation]

Makes no difference. They hold a legal trademark on "Xoom"...which means they own all rights to it's use. Doesn't matter that it's a different business.

[citation][nom]mikem_90[/nom]Aren't trademarks only valid in the market they are intended for? Seems we have companies going crazy nuts all the time if the name of their widgets is used on other products not even closely related to them. How will there be confusion between these two companies? one does Money transfers, the other is a tablet. Seems pretty distinct to me.[/citation]

Nope. A Trademark has no market constraint. Actually, the confusion comes into play in the fact that if someone searches for "Xoom"...they'll be directed towards the tablet and not the financial company, which can result in loss of business because people will start to associate "Xoom" with being a tablet and not a financial business.

Also...."Nissan" has been used in the computer industry as well as the automotive industry. "Nissan Computer Systems", "Nissan Motor Corporation" and "Nissan Motor Company - North America". The company operating under the "Nissan Computer Systems" name, filed a formal lawsuit for Trademark and Copyright infringement against "Nissan Motor Corporation" shortly after the name change from Datsun Motor Company. The judge ruled that since "Nissan" itself wasn't copyrighted nor trademarked, that no laws had been broken. However, since the company held a legal trademark and copyright for "Nissan Computer Systems", had Nissan Motor Corporation chosen to use that name, they would have had a legit case. Also, had they copyrighted or trademarked "Nissan"...they'd have won.

[citation][nom]mikem_90[/nom]If you trademarked a name and it was not useable anywhere in any market, we'd eventually find out how hard it is to find catchy names for products. Or do people want to try out the new Apple ghksuer7npp#1?[/citation]

Holding a Trademark on a "name"...doesn't make it unusable...just requires that others who wish to use said name, actually get consent from the trademark owner.
 
A trademark is a trademark. It doesnt matter if theyre in a different business. One could name a company that makes condoms LEGO does that mean they can do that? or maybe a brand of hearse thats named Apple, Apple doesnt sell hearses does that make it ok?
 
I love it how they wait till the product is actually released to sue.

If they had done it a month earlier they could have changed the name etc and avoided a massive mess. Hahahaha.
 
A quick search on USPTO.gov shows there are 5 "circle R" registered trademarks for "Xoom". These guys (Xoom Corp) own 2 of 5, with two other owners of 1 each and 1 being "dead". A trademark must specify the "Goods and Services" it is associated with specifically w/ a code system for the specific categories. These guys have "Providing business information, namely on, money transfer services" and "Promoting the goods and services of others, namely, dissemination of advertising for others via an on-line...", so unless they can prove confusion in the marketplace b/w their "money transfers" or "on-line advertising" and Motorola's tablet device they're likely looking to be paid off by Motorola's deep-pockets to go away; plus their delay until the release of the product also seems a bit suspect. I'm w/ waffle911 and mikem_90; I think the claim is tenuous at best.
 
No, they have a case... Look at the loss of brand recognition when Nortel, er Northern Telecom (NT) got it's nt branding swiped by Windows NT. This is an internet brand and there's overlap. Sure, I'd never heard of them, but I certainly won't now because Motorola stomped the brand and did so without any real respect to the fact that xoom.com was an existing domain. I see this as a reasonable lawsuit, though perhaps Xoom could have opened this can of whoop-*$$ before the product launched.
 
You people are assuming they didn't say something to Motorola earlier. Maybe they did, and Motorola failed to listen/reply and take their chances. And may simply think they can push xoom around. These companys don't always play nice.

Maybe xoom are just being assholes, and hoped they can get more money this way from Motorola.

Right now it's all assumptions as none of us know all the facts.
 
kingnoobe, I didn't think about that. It is possible that they tried to talk to Motorola about it earlier and they kept ignoring them and that it finally came out now. However, Xoom could also have waited right until the release to try and get publicity and get some money out of it.

I'm not a patent, copyright or trademark lawyer so I don't really know how strict the laws are on trademarks. I don't know whether it has to be in the same market (financial, computing, etc.) or not, so I can't really comment on it. However, there has to be some point where trademarks are going to have to overlap. Every single English (or other language) word can't be trademarked so that everyone gets sued every time anything new comes out.
 
XOOM is a stupid name for a tablet and a stupid name for an internet company! I think the courts should order both companies to change their names to something less ridiculous!
 
[citation][nom]kingnoobe[/nom]Right now it's all assumptions as none of us know all the facts.[/citation]

Yes, that's very true... and I don't know if any of you is a lawyer (I'm not)... but if I was the owner of Xoom.com, I'd be pissed off.
 
Status
Not open for further replies.

Similar threads

C
Question motorola mz602 zoom question
Replies
2
Views
5K
Android Tablets
corvairbob
C
BFlynn
Question Camera Comparison Question -
Replies
4
Views
7K
Android Smartphones
USAFRet
USAFRet
Southern Belle1
Info TABLETS, LAPTOPS CAN’T UPGRADE!!!
Replies
3
Views
3K
Laptop General Discussion
USAFRet
USAFRet
N
Question LG BP 350 NETWORK POP UP error message wont go Bluray
Replies
7
Views
5K
Streaming Video & TVs
nbabe1
N
Dalulu
  • Poll Poll
Question Have you bought anyTemu AliExpress No name electronics?
Replies
1
Views
5K
Android Smartphones
COLGeek
COLGeek

TRENDING THREADS

Share this page

COMPANY
RESOURCES
FOLLOW
Top Bottom