On December 22, 2023, Jack Levin, the founder of Xenworld LLC aka Fair Crypto Foundation, filed a case in federal court against OKX, marking a significant legal step. The goal of the case is to defend Xenworld’s trademark rights, particularly those related to the X1 Mark, which has been essential to the company’s blockchain services.
The complaint
We just filed a lawsuit against OKX in federal court today to protect our trademark rights. The Complaint is attached. https://t.co/Sf4E9wGFSt #X1 #XEN
— ⓧ Cyphereus Prime 🟧🦇🟦 (@mrJackLevin) December 22, 2023
The complaint, submitted by Perkins Coie LLP on behalf of Xenworld LLC, alleges that OKX, a prominent player in the blockchain and cryptocurrency space, has infringed upon Xenworld’s trademark rights through the unauthorized use of an identical mark, referred to as the “Infringing X1 Mark.” The legal action underscores the crucial nature of protecting intellectual property rights in the rapidly evolving landscape of blockchain and digital assets.
The complaint narrates the sequence of events that culminated in the legal action. It details the collaboration and co-promotion activities between Xenworld and OKX, highlighting joint streams and interactions that occurred in November and December of 2022. In spite of this previous connection, the complaint claims that OKX advertised the opening of a Layer 2 network around November 13, 2023, using the moniker “X1,” purportedly violating Xenworld’s registered trademark.
Jack Levin, through his legal representatives and the evidence released on X.com, asserts that he reached out to OKX to address the concerns of trademark infringement but was met with dismissive responses from OKX’s Chief Marketing Officer, Haider Rafique. The complaint provides evidence of public confusion, suggesting that consumers immediately associated the Infringing X1 Mark with Xenworld, potentially causing harm to Xenworld’s reputation and goodwill.
Federal trademark infringement under 15 U.S.C. § 1125(a), unfair competition and false designation of origin under the same legislation, and state-level allegations under California Business & Professions Code §§ 14200 and 17200 et seq. are among the legal claims made by Xenworld. The action asks for a number of remedies, including damages, attorney fees, and an injunction to stop OKX from using the infringing X1 mark going forward.
Conclusion
The case between Xenworld LLC and OKX involves legal claims grounded in both commercial law and common law. Jack Levin’s decision to pursue legal action illustrates how crucial it is to protect intellectual property in the cutthroat blockchain sector. As the case unfolds, it will likely set a precedent for how trademark rights are protected and enforced within the evolving landscape of digital assets and blockchains.
