DarkOwl, ArkOwl Cybersecurity Trademarks Can Coexist, Court Says

A “DarkOwl” trademark won’t likely confuse consumers with regard to ArkOwl because the cybersecurity firms perform different tasks in distinct markets, a Colorado federal court said.

ArkOwl LLC showed that the marks’ similarity weighed in its favor, but that wasn’t enough to show Dark Owl LLC’s mark would likely confuse consumers, the US District Court for the District of Colorado ruled Aug. 1 after a bench trial. The cybersecurity companies’ functions and marketing channels vary greatly, and both customer bases take care when buying their services, the court said.

The court pointed out that in a likelihood of consumer confusion ...