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Originally Posted by rcentros
You could be right. PocketBook registered their trademark in 2008. The pocketbook.com trademark was registered in 2012. The Panel made the point that they weren't authorized to decide trademark cases, but hinted that that was the direction PocketBook should have gone.
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I don't see how it could be a trademark issue. The word "pocketbook" has been around for a lot longer than 12 years, and has historically been used to describe a place to store money.
Also, I'm pretty sure that trademark infringement is only enforceable if the products are similar. In this case, an e-reader called PocketBook is not at all similar to software designed to "manage and share financial goals", so there would be no infringement.
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The USPTO determines that a likelihood of confusion exists when both (1) the marks are similar, and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe they come from the same source. Similar marks or related goods/services by themselves are not enough to support a finding of a likelihood of confusion, unless a court has held that the mark is actually a famous mark. That is, generally two identical marks can coexist, so long as the goods and services are not related.
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Shari