Telegram and Lantah Dispute Over GRAM Crypto Trademark, Telegram Takes Home Injunction Win
It has been recently revealed that cloud-based instant messaging service provider, Telegram and blockchain-based commerce platform, Lantah have been in dispute over who gets the rights to the name, ‘GRAM’ for their respective crypto token reports The Block.
Telegram is supposedly demanding the latter from using the aforementioned name, which led to the involvement of the district court (a lower court) and their issuing of “a preliminary injunction,” which prevents Lantah from using the name.
As per Lexology, Telegram made the following argument at the time of their complaint (which was found in paragraph 43):
“Lantah’s unauthorized use in commerce of a service mark that is confusingly similar to Telegram Messenger’s GRAM mark has caused and is likely to continue to cause confusion or mistake, or to deceive consumers and potential consumers, the public, and the trade concerning an affiliation, connection or association between Lantah and Telegram where there is no such affiliation, connection or association.”
The Block covered the specifics as to why the Ninth Circuit was part of all this. It turns out that Lantah’s lawyers appealed the district court’s granting of the preliminary injunction by having the Ninth Circuit court (higher court) evaluate the decision prior to arriving to a conclusion.
In the case of the presence of the latter, it is usually considered a step toward the Supreme Court with a panel of judges versus just one from the district court. The final judgement? The circuit court has since sided with the district court by disclosing that Telegram’s use of ‘GRAM’ was acceptable.
Here are some of the reasons why Telegram’s uses of the trademark were deemed acceptable and why the district court’s decision towards the preliminary injunction was supported:
- During the ICO, Telegram provided purchasers with “Purchase Agreement for Grams” in which buyers were required to make the necessary payments by a set date to receive the GRAMS.
- Evidence exists in relation to Telegram’s plans of distributing GRAMS