InfoTech: Xoom Corporation launch opportunistic legal action

Xoom Software Inc., was a graphics company that sold its wares on the web and on disks in boxes. At some time it started running a web portal business and, in the late 1990s, it became part of NBC's NBCi services.

Morgan, Lewis & Bockius LLP have issued proceedings in the US District Court for the Northern District of California, alleging that name Xoom is its client's trademark and it has been using it in its website since 2003.

But, first, Xoom is a money transfer business: it has absolutely nothing to do with the Motorola product of the same name.

They certainly cannot claim that they invented the word.

The writ claims ""Through this long online use accessible via computer and mobile devices, Xoom's trade name and the XOOM products have become associated exclusively with Xoom."

Well, no it hasn't. Because the original Xoom artwork remains in use in many publishing houses around the world and that brand, even though the company may be no more (who knows what happened to it?), remains well known.

The claim is timed for right before the launch of Motorola's tablet - and its name has been known for months. So the court should find that there is zero merit in any application for an immediate injunction to prevent imminent distribution - and if Xoom apply for one, the court should not merely reject the application but find against Xoom with costs.

Therefore it is logical to assume that the timing of the action has as much to do with putting pressure on Motorola at a critical time as it has to do with the actual merits of the case.

Of course, Motorola has already printed its packaging and prepared its marketing. So a change of name would, at this juncture, be expensive.

No doubt this ambush takes that into account and will actually seek a cash settlement or a licensing deal.

Motorola, on the other hand might like to do a simple search at archive.org for xoom.com

And tell Xoom where to get off.