Interlocking X’s Mark the Litigation Spot, by Lori L. Werdertich, Law Law Land
Oil and gas behemoth ExxonMobil has sued FX Networks in the United States District Court for the Southern District of Texas over the logo FX bestowed onto its newly launched network FXX. Exxon alleges the FXX logo infringes on Exxon’s own logo featuring two interlocking X’s along a diagonal line sloping downward, left to right.
The FXX logo features a similar interlocking double X design that FXX is in the process of trying to register (though, to be nit-picky, these X’s connect along a diagonal sloping upward, left to right).
So what’s got Exxon’s gas pumps in a twist? Well, according to Exxon, the FXX logo infringes on Exxon’s trademark, causing customer confusion, dilution of the trademark, unfair competition, and the unjust enrichment of FXX. Exxon contends that it registered this interlocking X design and that it’s been in continuous use by the company for decades to designate its “famous” fuel pumps and gas stations “uniquely” associated with Exxon goods and services. Judging from Exxon’s complaint, Exxon is especially perturbed that FXX has used the interlocking X’s standing alone in some of its recent promotions. According to Exxon, Exxon has exclusive ownership over these interlocking X’s.