Once again, it appears we've found a situation where our favorite trademark test should be used. As has been stated way too many times, the purpose of a trademark is simply to avoid customer confusion over two similarly named products in the same space. As such, the perfect legal test for some of the more bizarre trademark infringement claims is whether or not a "moron in a hurry" would confuse the two. Well, we'd like to send a few morons in a hurry up to the Skywalker Ranch (or, at least, the Presidio) to see what they think of Lucasfilm's latest complaint that Digg's trademark on "Digg" is too similar to Lucasfilm's trademark on "The Dig," which apparently is some video game from 1994 that few of us have ever heard about, let alone played. The idea that anyone would confuse the two things is somewhat ridiculous. And, before someone points out that to protect a trademark you have to defend it, that doesn't mean defending it in cases where it obviously has no bearing, and it's hard to see why the trademark on a 13-year-old game no one plays any more is worth the lawyer's time defending. Perhaps it's just an attempt to get the game some more attention in a bizarre reverse Streisand Effect.
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