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by mmaunder
5308 days ago
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Regarding the initial dispute over trademark: The "desk" part of the name is 'descriptive' and so isn't the strong part of each trademark. The "zen/fresh" parts are arbitrary so are the strong part of each mark. These are distinct, so I don't think there is a valid claim to trademark infringement here. One could argue that "desk" is 'suggestive' in trademark law which makes it a bit stronger, but I don't think that would fly. If one of the companies can show actual instances of customer confusion, then there may be a case as this is an important test in a trademark case. The fact that zen haven't filed suit speaks volumes. |
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And of course there is a long history of companies doing similar things. Say ending a domain in "ly.com" as only one example.