Having a trademark is also supposed to bar competitors from registering confusingly similar works, according to the American Bar Association. Trademark holders are also eligible to seek monetary damages. Having a trademark grants the right to use the registered trademark symbol (®) and the right to file trademark infringement lawsuits in federal court. Consumers also use PayPal to pay for their Pandora subscriptions," PayPal said in the suit. "There is a demonstrable nexus between PayPal's and Pandora's services, starting with the fact that the companies are in direct competition for the precious 'real estate' on the screens of consumers' mobile devices. The lawsuit raises the question of how consumers could confuse Pandora for PayPal when they are two completely different businesses. PayPal also said it sent Pandora 110 pages of social media examples of "consumer confusion" about the logo similarities. Pandora, which isn't commenting on the lawsuit, declined to alter the logo, according to the lawsuit. PayPal said it had asked Pandora to change its design. And just like the PayPal Logo, the Pandora Logo plays the critical role of serving as an identifier on customers' mobile devices, guiding them to the PayPal payments platform. Just like the PayPal Logo, the Pandora Logo is a capital P in block style, sans serif, with no counter, in the same deep-blue color range. One of the postings on Twitter asked: "Did PayPal buy Pandora?"Įlement by element and in overall impression, the similarities between the logos are striking, obvious, and patently unlawful. PayPal submitted several social media postings from members of the public who said they were mistaking the PayPal app-and its 3-year-old logo-for the new Pandora app. PayPal brings this action to remedy the harm Pandora is causing to the PayPal user experience and the PayPal brand," the payment company said in its federal intellectual property lawsuit filed in New York federal court. "Pandora's recent adoption of a new 'P' logo, which is unlawfully similar to PayPal's logo, threatens the interests of PayPal's customers and disrupts their user experience.
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