Soham created an app called "FitLife" with registered trademark and copyrighted source code. A competing app "LyfWell" has similar logo and features. Under trademark law, can Soham claim infringement for the use of a similar name and logo?
Explanation & Strategy
Click any section to expand · only one open at a time
Trademark infringement under Section 29 covers not just identical marks but also 'deceptively similar' marks that are likely to cause public confusion. The test is whether an average consumer, with imperfect recollection, would be confused between the two marks. 'FitLife' and 'LyfWell' with similar logos could well be deceptively similar — the court would assess visual, phonetic, and conceptual similarity. The competitor's size is irrelevant, and identical copying is not required — the law protects against confusing similarity.
The text reads: Section 29 TM Act: A registered trademark is infringed by use of a mark that is identical with or deceptively similar to it, in relation to similar goods/services, where such use is likely to cause confusion.