Tech firms clash over use of 'confusingly similar' trademarks

Servblock is seeking a High Court declaration that in the EU, or alternatively in the State, the defendant's use of figurative signs constitutes an infringement of its EU trademark

The logos for Servblock, left, and Figure AI.

An Irish company offering software and AI technology used in manufacturing is suing a company which it says is infringing registered trademarks.

Servblock Ltd is suing US-based Figure AI, which develops, promotes, and supplies humanoid robotics technology.

Servblock is seeking a High Court declaration that in the EU, or alternatively in the State, the defendant's use of “confusingly similar” figurative signs constitutes an infringement of its EU trademark. It also seeks injunctions restraining the defendant from infringing the trademark or passing it off.

Figure AI has registered EU trademarks which are identical or confusingly similar to the marks previously registered by Servblock, it is claimed.

Servblock chief executive and founder John Ward said in an affidavit seeking entry of the case to the Commercial Court, he believed the identical or confusingly similar mark of Figure AI is going to be affixed to technology which is being offered or due to be placed on the EU market.

The defendant has also offered for sale clothing, including t-shirts and caps, which contain the impugned figurative mark, he said.

A similar dispute between the two companies over the mark is pending in the US, he said.

The proceedings were entered into the Commercial Court on Monday by Ms Justice Eileen Roberts on the application of Martin Hayden SC, for Servblock, and with the consent of a solicitor for the defendant.

The judge gave a date in October for the hearing of the injunction aspect of the proceedings.