The PayPal and Paytm trademark dispute centres on alleged similarities in their logos and the potential for consumer confusion under Indian trademark law. This analysis explores the legal arguments and key judicial precedents that inform the case.
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Likelihood of Confusion: Numerals as Trade Marks
The Delhi High Court recently considered whether different numeral trademarks can be deceptively similar, focusing on the marks ‘1001’ and ‘6004’ in a paint industry dispute. The decision clarifies that use of different numerals as trade marks does not automatically lead to infringement without deceptive similarity.
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The article discusses the legal importance of phonetic similarity in trademark disputes, focusing on decisions from both the European Union and Indian courts. It examines statutory provisions and recent case law to illustrate how phonetic resemblance can result in trademark registration being denied to prevent consumer confusion.
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