ING Targets Discover In Suit Over Orange Ball Mark

Law360, New York (November 26, 2008, 12:00 AM EST) -- ING Direct Bancorp has fired off a lawsuit against rival Discover Financial Services for allegedly infringing its ubiquitous “orange ball” trademark in violation of federal and state intellectual property and competition laws.

ING's complaint, filed Monday in the U.S. District Court for the District of Delaware, claims that Discover's “orange glow” and “Mr. Bright” marks, when used apart from the “O” in Discover, are substantially similar to the orange ball mark ING has used since 2000.

Discover has used an orange, rising sun symbol in lieu...
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