I don't think ExxonMobil will be able to prove famousness for the "XX"-only mark, but if it can, then the FX Networks' use of "FXX" would probably be enough to establish dilution, which would allow ExxonMobil to prevent FX from using "FXX."
If we think of trademark law as giving up a general right to use language (though only in commerce), this would seem to mean that only ExxonMobile can use the interlocking XX's, no matter how they are integrated into someone else's mark. Though this would be a societal policy question, in my personal opinion, that seems like a lot to give up (especially absent compelling evidence that consumers are actually confused).
Getting ready for the symposium tomorrow. Hope to see you there (or on the live stream)!
These are very interesting questions. I can't wait!
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