Question

Soham, an independent software developer, created a mobile app called "FitLife" that provides personalized fitness plans. He registered the app's name and logo under trademark law and copyrighted the app's source code. However, six months after its launch, Soham discovered a competing app called "FitLyfe", with a similar logo and features, being marketed by a large tech company. Soham believes the competing app copied elements of his source code and intentionally used a confusingly similar name and logo to mislead customers. On the basis of the above problem, select the correct option. Under trademark law, can Soham claim infringement for the use of a similar name and logo by the competing app?

• A. Yes, but only if the competitor is a small business.
• B. No, trademark infringement can only occur if there is identical copying.
• C. Yes, if he can prove that the names are confusingly similar.
• D. No, because the competing app has a different name and logo.

Hint:

Under trademark law, “confusing similarity” is sufficient to establish infringement — exact copying is not necessary.

Answer 1

The Correct Option is C

Step 1: Understanding trademark infringement.
Under the Trade Marks Act, 1999, infringement occurs when a mark is used in a way that is identical or deceptively similar to a registered trademark, leading to confusion among consumers regarding the origin of the goods or services.
Step 2: Application to the problem.
Soham’s app “FitLife” is registered under trademark law, and the competing app “FitLyfe” uses a deceptively similar name and logo that could confuse users into believing that both apps are related. This falls under the definition of trademark infringement.
Step 3: Conclusion.
Hence, Soham can claim trademark infringement if he can prove that the competing app’s name and logo are confusingly similar to his registered trademark.