I really don’t know what to think about this one. Radio Online, a radio industry trade publication, is claiming that XM Satellite Radio Holdings Inc. is infringing on its registered trademark with the usage of XM Radio Online.
“XM’s continued
use of ‘XM Radio Online’ is clearly causing confusion as well as diluting
the distinctive quality, of our registered trademark within the radio
broadcast and Internet radio arenas,” stated Radio Online co-founder and
Managing Editor Ron Chase. “We constantly face confusion with XM’s own
customer base, who frequently contact us for support. Or every time XM
issues a press release that includes our name, there are those who think the
companies have merged.”
Honestly, is there really this level of confusion? I buy the claim that they’re contacted for support (Orbitcast, on a daily basis, is contacted for support for both companies… and I give it), but do people really think they’ve merged with XM? C’mon.
But wait… it gets better.
Chase continued, “Both satellite operators said a
merger was necessary because it did indeed compete with the radio broadcast
and Internet radio industries. Hello McFly! Have you seen RADIO ONLINE? Mr.
Davis, it’s time you stop using our name. I hear XMRadio.com is available.” (emphasis added)
Now here’s where I raise a skeptical eyebrow. Did Ron Chase, in claiming that his comapny’s trademark was infringed upon, actually say “Hello McFly!” in his statement?
Please tell me this is a joke. Hello McFly? Seriously?
Radio Online LLP does have a on the term “radio online,” but they don’t have the exclusive use of the term “online.” XM itself has filed for a on the term “XM Radio” which is currently pending. I’m no lawyer, but since the term “online” is pretty ambiguous, this is hardly anything to take seriously.
And statements including “Hello McFly” don’t help the claims’ legitimacy.
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