By John Bishop, Cohen Garelick & Glazier
Despite HBO’s near 50 year existence, a federal trademark opposition was filed against its use of “HBO Max” on February 2 by Traxxas LP. In the filing, Traxxas claims that’s HBO’s registration of the mark would result in a likelihood of confusion with its host of “MAX” marks, including MAXX, T-MAXX, X-MAXX and E-MAXX, among others. Oddly, the goods and services offered by Traxxas are defined as “radio-controlled model vehicles and parts therefore.” In contrast, HBO Max’s applied for goods and services are “board games, card games, playing cards, puzzle games, action figures, collectible modeled plastic and resin toy figurines, arcade-type electronic video games, coin-operated video games and slot machines.”
Given the difference in goods and services, in junction with Traxxas prior failure to object to HBO Max’s earlier application on the name for other goods and services, raises the question as to how there could possibly be a likelihood of confusion. HBO Max has until March 14 to file a response to the opposition. Read more from Mandour & Associates here.
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