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> Are you sure a court wouldn't consider that qualifying as a famous mark? I'm not going to dig into case law, but my guess is it very well could be.

Teenagers represent 9.5% of the US population meaning that 3.8% of the US population (using their 40% figure) have "used" their app. Alternatively the 240 million registered users would imply about 3.5% of the total global population has used it.

I can say that I honestly have ZERO doubt that "kik" would never be ruled famous by any possible measure.

I don't know whether you're right or not, but I do know it isn't prudent to have ZERO doubt about anything - but especially legal matters - without first doing the relevant research. And even then, courts disagree all the time, so I can't imagine ever being 100% certain that a ruling would never go a certain way.

To be even reasonably certain in this case, I would need case law of similarly well-known brands being challenged. Do you have some? Capturing 40% of their target market seems pretty well known to me, but again, that's meaningless without the case law.

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