Twitter Bars This Singapore Startup From Using a Bird Logo

Twitter was displeased when this Singaporean startup chose to use a figure of a bird in flight as its logo. It was back in 2018 when the tech company V V Technology registered its logo of a yellow hummingbird. As IGN reports, the Singapore Supreme Court has recently ruled in favor of Twitter.

Battle for the Bird Logo

Twitter spotted the registered logo in September 2019 and quickly challenged its trademark registration. The firm, then led by Jack Dorsey, stated that V V Technology's logo was too similar to Twitter's blue bird logo design, which can stir consumer confusion.

Since December 2018, Singapore has been developing a smartphone application dubbed "V V life." The application is designed to act as a user's smart personal concierge by acting as a single platform for a diverse range of products and services that cater to the user's specific lifestyle demands.

According to Twitter's appeal, V V Technology's logo is a direct breach of the Trade Marks Act. As shown by court filings, V V Technology's mark was registered for a wide range of goods and services, some of which overlapped with those for which Twitter's mark was registered.

V V Technology's application mark encompassed services related to computer software applications, advertising, and offering online forums and entertainment, which conflicted with Twitter's own trademark for its blue bird icon.

The registry ultimately ruled in favor of Twitter in March. The possibility of confusion between the competing marks was established when it was determined that the application mark and the registered mark were generally similar.

V V Technology did not contest the registry's finding that the services provided by the rival marks are comparable. The court also determined that the elements of misrepresentation and harm under passing-off were proven and that the applicant's appeal was insufficient.

The Judicial Commissioner presiding over the case rejected the majority of V V Technology's arguments, pointing out the majority of the visual distinctions between the two logos.

Companies and Logo Lawsuits

This is not the first time a major company has gone to court over a potentially identical logo. In November, Facebook parent company Meta prevailed in a trademark dispute with blockchain nonprofit Dfinity.

According to Reuters, the blockchain platform claimed that Meta's new logo would be confusing. It was not until a federal court in San Francisco dismissed Dfinity's complaint, ruling that Meta's logo was unlikely to cause consumer confusion with Dfinity's brand due to differences in their designs and target demographics.

On the flip side of legal conflicts like this, we have large corporations vs. little businesses using spoof brands.

In November, the United States Supreme Court decided to reconsider reviving a trademark case involving a chewable dog toy made to resemble the iconic Jack Daniel's whiskey bottle.

According to Bloomberg, a federal appeals court found that Jack Daniel's could not defend its trademarks against the maker of dog toys, VIP Products LLC.

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