Similarities Attracts but all that is attracted isn’t desirable

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Shannon Robinson

4th November 2019

Shannon Robinson

Not that both the listed designs are same but similar to each other up to some good extent. And this very similarity instigated an unbearable damage to Facebook’s controversial subsidiary, Calibra.

Social media activists, along with the investigative journalists, are prone to figure out the actual cause of infringement, if it was an act of willful misconduct or a mere coincidence. However, no significant evidence has been brought on the table by any of the parties.

Facebook’s digital wallet, Calibra, is now in the books of U.S. District Court over trademark infringement, an undesired situation for Facebook. Not only they are supposed to defend the charges, but their credibility is also on stake, let alone the monetary damages.

Current, a U.S. based startup bank, applied to trademark infringement, as Facebook’s Calibra logo design is found to be in sheer resemblance with Current’s logo, while they have been using the very logo for the last three years.

Current did try to engage discussion with Facebook over the design resemblance and in the very regard sent a letter to Facebook General Council to resolve the issue mutually but didn’t hear back any positive response from Facebook’s end neither received any indication that Facebook will cease using the logo design. Non-responsiveness in this respect pushed Current forward to drag the issue to the court.

“Facebook has all the money and resources in the world. If they truly wanted to make banking more inclusive and fair, they should’ve come up with their own ideas and branding, like we have,” Current’s CEO Stuart Sopp said while speaking with CNBC reporters.

Facebook is not alone who is supposed to defend, but Character, the branding agency who created the logo, is also named in the lawsuit as they are the ones who had created the logo for Current back in 2016 and now for Calibra.

It is circulated over the social media that losing the support from founding members is likely to knock out the project’s objectives quite adversely, however losing the morale in the eyes of the public is expected to cause the tangible damage and the expected indemnities cannot be calculated in figures nor numbers, a sheer Infinite loss to Facebook’s credibility.

All that Current is now looking for is the assurance that Facebook won’t be using the design anymore, plus compensation over actual damages as they find the very gesture a willful misconduct.

As a result, Calibra is on the verge of losing its founding members, PayPal has already parted its ways, whereas Stripe and eBay have shown reluctance to back the project anymore. Calibra also lost support from MasterCard and Visa. The current situation depicts as if Calibra won’t have that stiff influence on the cryptocurrency market which was anticipated prior to the lawsuit.

“The Infringing Mark adopted and used by the Calibra Defendants is not only confusingly similar to, but virtually identical to the CURRENT Marks,” said Current’s complaint.

The scenario, as mentioned above, reflects the significance of getting the logo design registered with Patent Protection Offices to avoid any undesirable legal consequences in the long run. As per corporate norms, once logo designs are forwarded for patent protections or copyright certificates, it is ensured by the concerned authorities that the very design bears no resemblance with any of the existing logos, and this assurance helps organizations keep themselves at bay from punitive damages and credibility loss down the lane.





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