Fox, ExxonMobil Hit Breaks on "FXX" Trademark Dispute

On the verge of trial, Fox and ExxonMobil have agreed to a deal that puts an end to a two-year-old lawsuit over the FXX network logo.


The multinational oil and gas corporation sued over the FXX logo which incorporated an interlocking X design. Exxon asserted "strong trademark rights in its famous interlocking X marks," and believed that consumers would likely be confused into believing some affiliation, connection or association.


At the time of the lawsuit filing, a spokesperson for FX network responded, "We are confident that viewers won't tune into FXX looking for gas or motor oil and drivers won't pull up to an Exxon pump station expecting to get It's Always Sunny in Philadelphia."In court papers, Fox pointed to other companies using double-X's and co-existing with Exxon including TJ Maxx, Nexxus, Dos Equis XX and Ferrari XX. Even though Exxon owned a design mark over a stylized "Exxon," Fox believed there were limits to what Exxon could assert. Notwithstanding the argument, a judge refused to dismiss a claim for trademark dilution under Texas law.


Exxon demanded $20 million in damages, plus a royalty and attorney fees, for what it believed was willful infringement.


The dispute was scheduled to go to a jury trial on November 9. On Friday, though, both sides stipulated to a dismissal with prejudice. Terms of the settlement haven't been revealed. Fox has declined comment.