X On Wireless Cries Uncle, Abandons Mark and Settles with Exxon Mobil
March 3, 2009
Michael Atkins in Seattle Updates, Trademark Abandonment, Trademark Infringement

 

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).

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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