Well... frankly... possibly. However, I am not the Judge. And it would be a Judge or Jury to decide.
First of all, a little review.
Phrases may be copyrighted. A trademark is any word, name, slogan, design, or symbol used in commerce to identify a particular product and distinguish it from others. Trademarks are filed with the US Patent and Trademark Office.
Copyrighted images are filed with the U.S. Copyright Office. They work very much like trademarks.
What you have here are two parties that essentially use the same logos and close names. If so, then there is NO CLEAR ANSWER as to who gets to keep the trademarks, and, if it can be shared. The Court would have to decide if one party pushes on it, depending but not limited to the following:
-who copyrighted/trademarked it first
-who actually began using it first
-what kind of industry one uses it in and whether or not the other party is in another industry, or, in direct or indirect competition with the first party
-whether any party was malicious in their actions
-whether the phrase/verbiage/image of the first party confuses/dilutes the other party's claim
Honestly, they may have a good claim, because this IS the same industry and they DID trademark it first. If so, it is always best to negotiate it away before filing anything.
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