EXXON v FXX - too many x's of infringement?

Exxon Mobil Corp. sued FX Networks, LLC for trademark infringement for the double X interlocking design. Is there a likelihood of consumer confusion that a consumer of television programming or a consumer of gas for their car, would be confused as to the source of the product or service?  Exxon Mobil alleges in their complaint, filed in the Southern District of Texas, that consumers have been confused by the recent launch of the FXX television network.  In their lawsuit, Exxon Mobil included online consumer comments such as

"Just saw the FXX logo .... who thought it was a good idea to rip off Exxon?"

to build their cause of action for false association and unjust enrichment.

The case is ExxonMobil Corp. (XOM) v. FX Networks LLC, 4:13-cv-02906, U.S. District Court, Southern District of Texas (Houston).