Trademark News & Screw-ups JetBlue sues Walmart for trademark infringement over Jetblack service

This raises three issues. 1) Does it matter that colors (blue and black) are different? No, not really. And the fact that black and blue share the first two letters will weigh in favor of JetBlue. 2) Walmart is not really flying anywhere, aren't goods and services different enough? This will be the main focus of the dispute. JetBlue will try to prove that most people will somehow associate services offered under the JetBlack brand as those that emulate from JetBlue. Walmart will try to prove the opposite. I would favor Walmart in this regard. 3) How strong is the 'Jet' part of JetBlue's trademark? Not very in my opinion. JetBlue was not required to formally disclaim "Jet" apart from the entire trademark, but given that JetBlue is in the business of operating jets, there is a risk that Walmart's potential argument that JetBlue is an inherently weak trademark because it is made up of a generic name of an object the service associates with.

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