“Don’t Copy My Style!” Exxon’s Trademark “Style” Infringement Claim Against Fox

exxonBy Chike Eze

Consumers associate a trademark with a familiar experience associated with a specific source. For example, consumers associate the “golden arches” symbol with McDonald’s cheeseburgers and fries. To protect such profitable associations, an owner of a well-known trademark may file for federal registration with the United States Patent and Trademark Office (“USPTO”). USPTO requires the trademark owner, among other things, to police its mark by challenging others who impermissibly copy and use the mark. Therefore, it is not particularly newsworthy that Exxon Mobil Corporation (“Exxon”), an owner of several federally-registered trademarks, brought a complaint against 21st Century Fox et. al. (“Fox”) alleging federal trademark infringement, inter alia. However, Exxon makes an unusual argument that Fox infringed Exxon’s marks by copying the marks’ common “style.” Continue reading