http://www.fiercecable.com/story/di...ireless-broadband-internet-service/2013-02-11
Do you have a Racecar in your pocket?
Do you have a Racecar in your pocket?
Dish trademarks Racecar for wireless broadband service
- Thread starter mike123abc
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NASCAR, NHRA, IndyCar, Formula One or some other auto motorsports organization. As to what a racecar is.
You just listed the names of the different types of series. Indycar race cars are known as Indycars. NASCAR is either nascar, stock car, or more recently bumper car.
That was the same thinking Auto Shack had when it was sued by Radio Shack for the "Shack" in the name. Auto Shack lost the lawsuit and was forced to change the name and is now Auto Zone.
Who trademarked "Shack"?
When you ask someone what a racecar is, they will tell you its a car that races on a race track or drag strip, not a form of telecommunication. If Dish wants the rights to trademark "racecar" for several forms of telecommunications, then what will we call the cars racing around on a track, or down the drag strip?
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Let's just put this silliness to bed, shall we? There is no similarity between a racecar and a telecommunication service. That is assuming that "racecar" is even trademarked, which it isn't.
C. Consumer Confusion is the test of trademark infringement.
C. Consumer Confusion is the test of trademark infringement.
1. Consumer confusion requires similar trademark and similar product.
a. Delta Airlines, Delta Faucet, Delta Dental can all coexist in the marketplace because different products prevent consumer confusion.
