Well, hardly an underdog move, but I’m glad that a trademark is being enforced.
Seeking to regain its relevance in the ever-changing world of social media, former giant MySpace may be able to rely on the momentum of a recent intellectual property victory over Apple. The Trademark Trial and Appeal Board recently denied Apple’s bid to trademark its famous music icon after determining it was too similar to a mark already registered by MySpace. Both marks depict a double musical note in an orange rectangle.
Using traditional “likelihood of confusion” analysis, the Board concluded that an average consumer would be unlikely to discern the marks. As explained in the decision:
In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant’s double musical note and design for “computer software [..]” is likely to cause confusion with the registered mark comprising a double musical note and design [..] for…
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