[dark_lord]

Yeah, but from what I have learned from going to the government website and looking at the registration of trademarks and servicemarks, I don't see how Honeywell has a case just because it is round. Trademark suits usually involve someone using the same word or symbol with similar colors or fonts. It would be like Coke sueing Pepsi because both use cylindrical cans.

[Willie Green]

It would be like Coke sueing Pepsi because both use cylindrical cans.

OTOH, I can understand why Pepsi should not be permitted to infringe on the unique and distinctive shape of the classic Coca-Cola bottle.

[The Electrician]

It would be like Coke sueing Pepsi because both use cylindrical cans.

The difference is that neither Coke nor Pepsi have established registered trademarks for cylindrical cans. So the example that you have given is not germane to the issue that is under dispute. The fact that Honeywell has been issued a registered trademark on the round thermostat should increase the burden on the other thermostat manufacturer. I'm a bit surprised that they have gotten as far as they have - but I would expect that it would be an even steeper uphill battle for them from this point.