Does Walmart’s JetBlack Infringe on JetBlue’s Name?

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Does Walmart’s JetBlack trademark have ground to stand on here, or is the service’s name too similar to popular airline JetBlue, who is suing JetBlack for trademark infringement?

While certain colors, both in name and visual appearance, are undeniably associated with certain brands, we should also consider at what point these colors cannot become trademarked themselves. Where should the line be drawn in the trademark dispute between JetBlue and a new upcoming service from Walmart, JetBlack?
The lawsuit raises three main issues:

1) Does it matter that the two colors in question, blue and black, are different? We look at the incredible similarities between the two brands and how many letters the names have in common.

2) Since Walmart is not really flying anywhere, is it enough to simply state that goods and services are different enough? JetBlue’s concerns are that people will assume JetBlack is related somehow to JetBlue and affect their perception of the brand.

3) How strong is the ‘Jet’ portion of JetBlue’s trademark? Is their name too weak and generic to begin with? Andrei Mincov, the founder of Trademark Factory®, shares his thoughts about JetBlue suing Walmart over the Jetblack brand.

Original Article Link: http://snip.ly/6rfivq
#Trademark #JetBlue #JetBlueReview

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