“Thanks” A Lot, Judge

A New York federal judge refused to enjoin AT&T from using “AT&T thanks” for its customer loyalty program after Citigroup sued for trademark infringement. Citi uses “thankyou” in its loyalty program. It filed suit in June, and asked for a preliminary injunction, claiming AT&T’s use of the word “thanks” would cause consumer confusion. The judge acknowledged that both “thankyou” and “AT&T thanks” have five letters, are expressions of gratitude and are pronounced similarly. Nevertheless, she ruled that consumers were unlikely to be confused.