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Sony Ericson Sues Clearwire Over Similar Swirl Trademarks

SONY Ericson Mark

Clearwire Mark

On the left is Sony Ericson’s trademarked logo (Reg. no. 3,690,6010) and on the right is Clearwire’s trademark (Ser. no. 77622804).  Is the one on the right confusingly similar to the one on the left?  This is what Sony charges in a recently filed complaint filed in federal court.  The crux of the lawsuit is the swirl motif, the colors used, and the fact that both parties sell to similar consumers.  Interestingly, Sony had previously filed an opposition against the Clearwire application but withdrew after commencing settlement talks.. Rather than continuing with the opposition, Sony decided to sue Clearwire for trademark infringement, after Clearwire’s mark was being used in commerce.