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Unfortunately, whether the word has a prior common meaning doesn't have a lot of bearing on a trademark infringement claim. The main test is whether a reasonabl
by sowbug 4y ago
Unfortunately, whether the word has a prior common meaning doesn't have a lot of bearing on a trademark infringement claim. The main test is whether a reasonable consumer would confuse the two marks. Plaid, Simple, Clear, Square are all strong brands and trademarks, for example.
In this case, Peloton would argue that their name in the product name and domain might reasonably confuse someone into thinking that the two services come from the same company.
That said, your final point is the critical one. It would be a poor business move for Peloton to rattle their sabers at someone helping build a community around their product.
- RC_ITR 4y ago> Plaid, Simple, Clear, Square are all strong brands and trademarks, for example. Sure, those are brands. I agree. “Screen-scrape”, “I don’t know what simple is so it can’t be that great of a brand”,“Concierge” and “POS” would be bad brands that would likely fail trademark (in the same way peloton is a bad brand with limited trademark ability)