Latest News District Court Rules in Favor of Snap Inc. in Trademark Lawsuit Filed by Eyebobs By Staff Monday, May 15, 2017 12:21 AM MINNEAPOLIS—Snap Inc. has prevailed in U.S. District Court here in a trademark infringement lawsuit and request for injunction that were tied to a lawsuit initially filed late last year by Eyebobs LLC. After a judge last week ruled in favor of Snap’s request to deny the injunction, the two companies subsequently reached a settlement that called for the lawsuit to “be dismissed with prejudice, without award of costs or fees to either party,” according to a court document. As VMail reported, Eyebobs filed a trademark lawsuit against Snap late last year over Snap’s use of the distinctive yellow eyeball logo in marketing of its Spectacles sunglasses. Eyebobs in February also sought a preliminary injunction in the case. Eyebobs is a 16-year-old company based here that specializes in fashionable readers.Spectacles are sunglasses with a built‐in camera. Photos and video captured by the camera are wirelessly transmitted to a smart phone, according to a description of the process that was included in the court papers, and can be posted and shared via the Snapchat mobile app (which Snap owns). In marketing Spectacles, Snap uses a mark that consists of a round, forward‐looking, black‐and‐white cartoon eyeball that is typically displayed against a vibrant‐yellow background, the court papers also noted. Last week, however, U.S. District Court Judge Patrick Schiltz ruled that Snap can continue to use its distinctive yellow eyeball logo in marketing for Spectacles sunglasses, dismissing the claim that the eyeball logo infringed on an older and somewhat similar logo Eyebobs had created years ago. In the ruling, Judge Schiltz stated: “The evidence suggests that, at this point, the Spectacles Mark has very little commercial strength. As far as the record reflects, Snap has not engaged in sustained or large‐scale advertising of Spectacles. Instead, Snap’s promotion of Spectacles appears to have been limited to setting up temporary Snapbots, operating a single retail store (that is now closed), and selling Spectacles on a dedicated website. Nothing in the record suggests that, at present, the Spectacles Mark has anywhere near the commercial strength that would be necessary to overwhelm the Registered Mark—particularly among consumers who buy Eyebobs’ products.”