Trademarks fall into classifications. If XOOM's mark is registered to include computer devices and such, then Motorola is screwed. But then again, before marks can be approved, Xoom must demonstrate use of their mark for products or services under said classification.

It's not unheard of that large corporations have disparate offices that do not talk to each other. Marketing departments are often populated by people who think that they are the only ones who can possibly come up with such a notable name for a product without the need for due diligence.

This, sadly, often places legal departments at the rendering end of most settlements.

Lot's of companies use each others trademarks and get away with it, biggest example was Apple records vs Apple computers and they were just ruled that there was no conflict there 'cos computers had nothing to do with the music industry (although they obviously didn't see iTunes).

It seems Xoom is just trying to use this as an excuse to get rich quick, and to get free advertising in the papers.

Why not just call it the iXOOM?

Lincoln Log is a toy and LincolnLog control valves are an industrial part. There are no copyright or trademark issues because they are different types of products.

http://www.dressermasoneilan.com/documents/LiteratureLibrary/engineered/instructions/EP78400-1009-web.pdf

Never heard of the XOOM Money Transfer(Laundering) company until now.

Further research by me shows they are good about transferring(laundering) money for the third world.

Motorola no doubt knew of the existence of the other trademark and decided to proceed anyway thinking there would be no consumer confusion.

Although "xoom" is a coined word. it may be difficult for any one company to claim exclusive use of the term, especially for unrelated use.

Tom Barrett
EnCirca.com
http://www.encirca.com