[jsprogrammer]

über likely also has a legal claim against Uber for infringing on their rights and marks. Clearly Uber has confused the market if this smaller business is having to handle hundreds of callers trying to reach Uber.

Massive infringement lawsuit with actual + punitive damages is probably in order. Would likely be poetic justice, at least.

[tommorris]

And the risk in legal costs of one woman and her small design agency going up against Uber? If it happened, Uber would find a way to milk über completely dry.

Normal, human-sized companies can't go up against venture-backed empires run by people with egos the size of football stadiums because the costs and risks of legal action is so massively stacked in favour of the rich and powerful.

[ghshephard]

Possibly if über was in the car transportation business. Which they are not.

[ada1981]

I'm curious what happens if someone holds a trademark for an unrelated business and then they pivot into a new market. What if she decides she wants to begin to offer rides.. Just curious around trademark law here, any ideas?

[ghshephard]

For an example of this: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

You file your trademark for a particular type of business - it does not give you the right to practice that business elsewhere.

For example, McDonalds Hardware, a fairly popular Hardware business, does not have the right to open up a McDonalds FastFood restaurant.