When Pandora changed its logo in October of last year, many consumers that had both PayPal and Pandora started to complain and/or wonder if Pandora and PayPal were now one company. Currently, most people utilize mobile applications (“apps”) for everyday life, including music, payments, etc. PayPal has a pretty good case against Pandora for violating this portion of the Lanham Act. Or any false designation of origin, false or misleading description of fact or false or misleading representation of fact, which (A) is likely to cause confusion, or to cause mistake, or to deceive…or (B) in commercial advertising or promotion, misrepresents the nature, characteristics qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities shall be liable in a civil action. PayPal’s first claim is for False Designation of Origin which states that any person, or company, that uses in commerce a symbol, This post is going to focus on the two sections of the Lanham Act. PayPal states that Pandora has violated two sections of the Lanham Act, as well as New York State Law. The logo (a blue “P” in block form) is so similar to PayPal’s logo (two blue “P”s in block form) that customers have complained about the confusion. PayPal filed a lawsuit in a New York Federal Court on May 19, 2017, seeking an injunction and damages against Pandora for its new logo.
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