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X On Wireless Cries Uncle, Abandons Mark and Settles with Exxon Mobil


STL readers may recall that Exxon Mobil Corp. sued X On Wireless Corp. in the Western District for trademark infringement last year. This year, the parties settled.

On Feb. 24, the parties filed a Consent Judgment memorializing X On Wireless’ agreement not to resume any use of its now-abandoned X ON mark. The judgment permanently enjoins X On from using any mark, name, word, term, or domain name that incorporates “X ON.”

So why did X On Wireless adopt X ON as its trademark in the first place? To trade on Exxon’s goodwill is my guess. Why else would it adopt a sound-alike to Exxon’s famous, fanciful mark?

The case cite is Exxon Mobil Corp. v. X On Wireless Corp., No. 08-5652 (W.D. Wash. Feb. 24, 2009).

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