HTC is sued by the mobile Q&A platform ChaCha for trademark infringement over the HTC ChaCha : a new smartphone that features a smart Facebook button. ChaCha search Inc pursuing the court for injunction against HTC, and it is also requesting an order for unspecified damages.
ChaCha holds a registered Trademark in the United States since 2007.On the other hand HTC ChaCha is android based smartphone targeting the market in spring this year and is gaining popularity amongst the Facebook fans due to its easy “f” key that users can press to automatically share content via Facebook.
Meanwhile in determining the probability or likelihood of confusion, the major factor includes: "Whether or not the goods or services using the same mark compete with one another. Marks that are used on similar or related goods or services are more likely to confuse consumers. Even where the plaintiff's products are not exactly similar, the court may in some cases consider how likely the plaintiff is in the future to sell similar products. If at all, the firms are having overlapping consumer base then it becomes difficult to solicit the defendant. Having said that , it will be interesting to watch the case's outcome in the near future , as it might be a calculated risk on the defendant's side.
(Image by Peter Skadberg)
