> Just because they've trademarked "kik" doesn't give them complete control over all instances of that 3 letter string in the world.
Agreed - hence why I looked up the actual trademark in the first place. I wasn't expecting to find out they were in the software development business too.
1. The marks appear very similar, with the possible exception that kik the company appears to have no meaning behind "kik". Similar enough that I have to specify "kik the company."
2. Both appear to provide services aimed at developers.
3. The plaintiff's mark appears to be strong enough to fill the first page of Google, and for overprotective parents to overreact to.
4. I was momentarily confused which kik I was clicking through to at least once.
Am I misweighing or misinterpreting things to think that the first 3 points, at least, point towards infringement? Do you agree that these appear to be among the more important ones?
"The first five of these factors are examined in every trademark infringement action."
"Of these eight factors, the first two are arguable the most important."
> ... and trademark law in general
If you have any recommendations, feel free to share.
Agreed - hence why I looked up the actual trademark in the first place. I wasn't expecting to find out they were in the software development business too.
> See the 8 factors of trademark infringement
I'm assuming these? (Google turned up 1 hit - which in turn was 404ed - for "8 factors of trademark infringement") http://www.bitlaw.com/trademark/infringe.html#factors
Keeping in mind IANAL:
1. The marks appear very similar, with the possible exception that kik the company appears to have no meaning behind "kik". Similar enough that I have to specify "kik the company." 2. Both appear to provide services aimed at developers. 3. The plaintiff's mark appears to be strong enough to fill the first page of Google, and for overprotective parents to overreact to. 4. I was momentarily confused which kik I was clicking through to at least once.
Am I misweighing or misinterpreting things to think that the first 3 points, at least, point towards infringement? Do you agree that these appear to be among the more important ones?
"The first five of these factors are examined in every trademark infringement action." "Of these eight factors, the first two are arguable the most important."
> ... and trademark law in general
If you have any recommendations, feel free to share.