Clearwire scores victory in 'swirl' dispute

Clearwire Corp. (CLWR) scored a victory in its logo dispute with Sony Ericsson with a federal court denying the handset maker’s request for a preliminary injunction that could have seen Clearwire forbidden from using its current logo.
The decision resulted from a previous claim by Sony Ericsson that Clearwire’s current “swirl” logo treads on its own logo and could be causing confusion for consumers between the device maker and wireless carrier.
“Clearwire is pleased with the federal court’s decision to deny Sony Ericsson’s motion for a preliminary injunction against the use of the Clear marks at issue in the case,” Clearwire noted in a statement. “The judge’s findings of insufficient evidence of likelihood of confusion and no irreparable harm further support our contention that the suit is without merit. We expect that the final disposition of the case will be in our favor and that it will demonstrate that the Clear branding is clearly differentiated from the Sony Ericsson brand.”
In its lawsuit, Sony Ericsson claims it has spent millions of dollars in advertising and sponsorship around its “recognized sphere with green swirls and silver/white logos,” and that Clearwire’s swirl logos are “confusingly similar to Sony Ericsson’s sphere with swirl registered trademarks.”